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GENERAL  LAWS 


OF    tut: 


EIGHTH  LEGISLATURE 


OF  THE 


STATE    OF    TEXAS. 


BY    AUTHORITY, 


AUSTIN  : 

PR1HTED    it    JOHN    MARSHALL   4    CO.,    8TATK    lillNTEH?. 

1860. 


XERAL  LAWS. 


CHAPTER  1, 

!  A  ACT  Making  an  Appropriation  far  the   mileage   and  per 
diem  pay  of         '    mbers  and  0,  f  the  Eiglvth  Legisla- 

tor 

Section  1.  Be  it  enacted  by  tic  Legislature  ef  the  State  of 
is,  That  the  sum  of  one  hundred  and  ten  thousand  dollar's, 
be,  and  the  same  is  hereby  appropriated  out  of  any  money  in 
the  Treasury  not  otherwise  appropriated,  tor  the  mileage  and 
pet  diem  pay  of  tin1  members  and  the  per  diem  pay  of  the  offi- 
cers of  the  eighth  Legislature  of  the  State  of  Texas,  ami  the 
certificate  of  the  Secretary  of  the  Senate  and  the  Chief  Clerk  of 
House  of  Representatives  shall  lie  authority  for  the  Comp- 
troller to  draw  his  warrant  on  the  Treasurer  for  the  several 
amounts  that  the  members  and  officers  are  respectively  entitled  to. 

Sec.  2.  That  this  Act  take  effect  and  be  in  force  from  ami 
after  its  passage. 

Approved  Nov,  21st,  1859s 


CHAPTER  2. 

AN  ACT  to  regulate  the  Public  Printing. 

Section   1.     By  it  enacted  ?>>/  tht  Legislature  of  tic  State  of 
Texas,  That  from  and  after  the  first  day  of  June,  one  thousand 


eight  hundred  and  sixty-one.  the  Public  Printing  for  the  Stafi 
of  Texas  shdl  Ikj  let  out  to*the  lowest  bidder  in  the  manner 
hereafter  directed. 

Sec.  2.  It  shall  be  the  duty  of  the  Secretary  of  State,  Trea- 
surer and  Comptroller,  or  a  majority  of  them,  on  or  before  the 
first  day  ot  Jutte,  eighteen  hundred  and  sixty-one, and  thereafter 
on  the  first  day  of  June  next  preecdmg  every  regular  session  of 
the  Legislature,  to  advertise  that  sealed  proposals  will  be  received 
at  the  office  of  the  Secretary  of  State,  for  two  months  after  said 
advertisement^  to  print  the  Laws  and  Journals  of  the  Legisla- 
ture, the  Biennial  Message  of  the  Governor,  the  Reports  of  the 
Secretary  of  State,  Attorney  General,  Comptroller  of  Public 
Accounts,  Treasurer  of  the  State,  Commissioner  of  the  General 
Land  Office,  Commissioner  of  Claims,  Superintendent,  Financial 
Agent  and  Physician  of  the  State  Penitentiary,  Trustees  and 
Superintendent  of  the  Lunatic  Asylum,  and  of  the  Institution 
for  the  education  of  the  Blind  and  the  Deaf  and  Dumb,  and 
such  other  reports  and  printing  of  every  kind  as  may  be  ordered 
by  the  Legislature,  or  either  House  thereof,  for  and  during  the 
term  of  two  years. 

Sec.  3.  The  said  proposals  shall  state  at  what  price  per  page, 
the  party  making  the  proposals  will  piint  the  number  of  copies 
required  by  law  of  said  Laws  and  Journals,  and  of  each  of  said 
Reports  ;  and  also  provide  all  the  materials  therefor,  fold,  stiteh,. 
ami  trim  them  ;  also  at  what-  price  per  page  the  party  will  print 
one  hundred  copies  of  all  such  other  reports  and  documents  as 
may  be  ordered  by  the  Legislature,  or  either  House  thereof,  and 
furnish  all  the  materials  therefor,  and  fold,  stitch,  and  trim  them  ;' 
and  at  what  price  per  page  the  party  will  lmnish  each  additional 
hundredcopi.es  of  such  reports  t  at  may  be  ordered  ;  and  at 
what  price  per  page  the  party  will  furnish  one  hundred  copies  of 
any  Bill  or  Resolution  printed  on  pica  type,  the  lines  numbered 
on  the  margin  with  a  space  between  the  lines  of  the  size  of  pica 
and  on  foolscap  paper,  with  four  pages  to  a  sheet,  that  may  be 
ordered  by  the  Legislature  or  either  House  tl  ereof ;  and  at  what 
price  per  page  the  party  will  furnish  each  additional  hundred 
copies  that  may  be  ordered  of  any  such  Bill  or  Resolution. 

Sec.  4.  Such  proposals  shall  be  accompanied  by  an  offer  in 
writing,  of  two  or  more  responsible  persons,  to  become  the  secu- 
rity of  the"  party  proposing,  for  the  faithful  performance  of  his 
duty,  in  case  the  contract  shall  be  awarded  to  him. 

Sec.  5.  At  the  expiration  of  the  time  for  receiving  such 
proposals,  it  sba.ll  be  the  duty  of  the  Secretary  of  State,  Trea- 
surer and  Comptroller,  or  a  majority  of  them,  "to  open  and.  record 


them  in  a  book  to  1>  ■  kept  for  that  purpose,  and  they  shall  imme- 
diately thereafter  award  the  contract  to  the  party  whoso  propo- 
sals arc  the  lowest  for  the  entire  work,  if  the  security  tendered 
by  him  is  •  nffici  nit.  But  if  the  security  tendered  by  the  lowest 
bidder  is  insufficient,  or  no  security  is  tende<ed  by  him,  then  the 
contract  shall  be  awarded  to  the  lowest  bidder  who  shall  have 
tendered  sufii  sient  security,  provided  the  Secretary  of  State, 
Treasurer  and  Comptroller,  or  a  majority  of  them,  shall  consider 
said  bid  reasonable  for  the  State. 

Sec.  6.  The  party  or  parties  to  whom  such  contract  may  be 
awarded,  shall  within  twenty  days  after  such  award,  enter  into 
boud  with  two  or  more  securities,  to  be  approved  by  the  Secre- 
tary ot  State,  Treasurer  and  Comptroller,  or  a  majority  of  them, 
in  the  sum  oi  ten  thousand  dollars,  payable  to  the  State  of 
Texas,  conditioned  for  the  faithful  performance  of  the  work  in 
accordance  with  the  proposals,  and  in  the  time  and  manner  pre- 
scribed by  law. 

Sec.  7.  The  whole  number  of  the  laws  and  journals  shall 
livered  at  the  office  of  the  Secretary  of  State  ;  the  laws 
within  thirty  and  the  journals  within  sixty  days  after  the  last 
copy  shall  have  been  d  slivered  to  this  contractor,  and  no  extra 
allowance  or  payment  shall  bu  made  to  the  contractor  for  any 
figure  work,  or  rule  and  figure  work,  minted  under  the  provisions 
or  this  act,  unless  the  same  is  stipulated  for  in  the  proposals  to 
do  the  printing. 

Sec.  8.  The  laws  and  journals  and  all  reports  and  documents 
shall  be  printed  on  small  pica  type,  the  page  to  be  forty-four 
lines  long,  exclusive  of  the  folio,  and  twenty-seven  ems  wide 
without  side  notes.  The  paper  shall  be  of  a  quality  equal  to 
the  best  upon  which  the  laws  of  any  session  oi  the  Legislature 
have  at  any  time  heretofore  been  printed, 

Sec.  !».  There  shall  be  printed  five  thousand  copies  of  the 
»aws  of  a  general  nature,  and  eight  hundred  copies  of  all  acts  for 
private  relief,  and  all  acts  incorporating  towns,  cities,  or  institu- 
tions of  learning  and  private  associations  of  evevy  nature  that 
may  be  passed  at  each  session  of  the  Legislature,  and  five  hun- 
dred of  the  journals  of'  each  House  of  the  Legislature. 

Sec.  10.  There  shall' be  printed  such  number  of  copies  as 
are  now,  or  may  hereafter  be  required  by  law  to  be  printed,  of 
the  reports  of  all  public  officers  and  institutions  that  are  required 
to  re-port  to  the  (I  >vernor,  or  the  Legislature,  and  all  such  reports 
as  are  furnished  to  the  contractor  one  month  before  the  meeting 
of  the  L  sgislature  shall  be  by  him  delivered  to  the  Secretary  of 
State  during  the  first  week  oi'  the  session  :  aU  that  are  furnished 


less  than  one  month  before  the  session    of  the    Legislature,    or 
during  the  session  thereof,  shall  "be  delivered  to  the  Secretary  of 
State  within  one  month  after  they  are  so  furnished. 

Sec.  11.  The  Secretary  of  the  Senate  and  the  Chief  Cleric 
of  the  House  of. Representatives  shall  cause  the  journals  of  their 
respective  Houses  to  be  furnished  to  the  contractor  from  day  to 
day  after  they  shall  have  been  approved,  for  the  purpose  of  being 
printed,  and  when  printed  the  manuscript  journals  shall  be 
returned  and  filed  with  the  archives  of  the  Legislature. 

Sec.  12.  The  Secretary  ot  State  shall  cause  copies  of  all 
laws  and  joint  resolutions  to  be  delivered  to  the  contractor  as 
early  as  possible  after  they  shall  severally  have  been  approved  or 
passed,  and  when  printed  he  shall  compare  them  with  the  origi- 
nal and  certify  that  they  are  true  copies  of  the  original  in  his 
office.  He  shall  also  append  a  certificate  to  them,  stating  what 
day  the  Legislature  adjourned. 

Sec.  13.  The  Secretary  of  State  shall  number  all  the  acts 
and  joint  resolutions,,  and  keep  a  register  thereof,  and  cause  them 
to  be  printed  in  the  order  in  which  they  were  approved  or  passed. 
He  shall  also  prepare  and  have  printed  with  them  a  minute  and 
comprehensive  index. 

Sec.  14.  On  the  first  day  of  June,  one  thousand  eight  hun- 
dred an  1  sixt)-one,  and  every  two  years  thereafter,  each  public 
officer  at  the  seat  of  Government  shall  advertise  for  sealed  pro- 
posals to  do  the  job  printing  of  his  office,  and  furnish  all  fthe 
materials  therefor  for  the  term  of  two  years — which  proposals 
shall  be  received  for  two  mouths,  at  the  end  of  which  time  they 
shall  be  opened  and  recorded,  and  the  contract  shall  be  awarded 
in  the  same  manner  as  hereinbefore  provided  for  other  public 
printing.  The  party  to  whom  any  such  contract  may  be  awarded 
shall  give  bond  and  security  in  a  sum  equal  to  the  estimate 
amount  of  printing  to  be  done  under  the  contract,  conditioned 
for  the  faithful  performance  thereof. 

Sec.  15.  That  immediately  after  the  taking  effect  of  this 
act,  it  shall  be  the  duty  of  the  Secretary  of  State,  Treasurer 
and  Comptroller,  or  a  majority  of  them,  to  advertise  that  sealed 
proposals  will  be  received  at  the  office  of  the  Secretary  of  State 
for  fifteen  days  after  the  commencement  of  such  advertisement, 
to  do  the  printing  of  the  laws  and  journals  of  the  present  or 
eighth  Legislature,  and  all  of  the  public  printing  until  the  first 
day  of  August,  one  thousand  eight  hundred  and  sixty-one,  in, 
like  manner  as  is  provided  in  the  preceding  sections  of  this  act. 
The  proposals  made  for  such  work  shall  be  in  accordance  with 
the  third  and  fourth  sections  of  this  act,  and  at  the   expiration 


if  the  time  for  receiving  such  proposals  the  same  shall  be  opened 
and  recorded  and  the  contract  for  the  work  awarded  as  is  provi- 
ded in  section  fifth  of  this  act,  and  within  five  days  after  such 
award,  the  party  oi  parties  to  whom  such  contract  is  awarded 
shall  give  b  >nd  and  security  in  the  amount,  and  as  is  provided 
in  section  sixth  of  this  act.  The  matter  to  he  printed  shall  be 
fu-nished  to  such  contractors  and  shall  he  by  him  printed  in  all 
respects  in  strict  accordance  with  the  preceding  provisions  of 
this  act.  and  shall  he  in  numlter.  quantity  and  quality,  as  in 
this  act  before  provided.  The  Secretary  of  State  shall  compare 
the  laws  and  joint  resolutions  printed  under  such  contract  with 
the  originals,  and  certify  that  they  are  true  copies  of  the  origi- 
nals in  his  ofhee.  He  shall  also  append  to  them  a  certificate 
stating  what  day  the  Legislature  adjourned,  and  shall  number 
all  the  acts  and  j  nut  resolutions  and  keep  a  register  thereof,  and 
cause  them  to  be  printed  in  the  order  in  which  t.  ey  were  approved 
or  passed,  and  he  shall  also  furnish  and  have  printed  with  them 
a  minute  and  comprehensive  index. 

Six1.  l;j.  Upon  the  receipt  by  the  printing  contractor  from 
the  Secretary  of  State  of  the  eopy  of  any  law  of  a  general 
nature  intended  to  he  printed  under  the  provisions  of  this  act. 
it  shall  he  the  duty  oi'  the  contractor  immediately  to  publish 
such  law  in  one  issue  of  a  weekly  newspaper  to  he  published  by 
him.  The  proof  of  each  law  so  published  shall  be  examined  by 
the  Secretary  of  State,  or  under  his  directions,  and  the  newspa- 
per publications  of  such  laws  so  made,  may  he  used  in  all  courts 
and  places  as  evidence  of  such  laws  until  six  months  after  the 
i  lose  of  the  session  of  the  Legislature  at  which  such  laws  were 
-  nacted.  Such  newspaper  publication  of  laws  shall  he  made  by 
the  contractor  under  the  provisions  of  his  contract,  and  without 
charge  or  expense  to  the  State  therefor. 

Sec.  17.  That  no  hid  shall  he  accepted  by  the  Secretary  of 
State  for  the  public  printing  exceeding  the  rate  of  one-sixth  of 
;:  cent  per  page  tor  the  laws,  and  one-fourth  of  a  cent  per  page 
for  the  journals  ;  one-third  of  a  cent  per  page  for  five  hundred 
<  opies  of  the  Message  o\'  the  Governor,  reports  of  the  Secretary 
"1'  State.  Comptroller  of  Public  Accounts,  Auditor,  Treasurer 
of  the  Siato.  Superintendent  of  the  Penitentiary,  and  all  such 
like  printing  that  may  he  ordered  hy  the  Legislature  or  either 
House  thereof,  to  he  printed  on  the  same  size  sheet  and  type 
as  is  required  for  the  Journals;  and  one-fourth  of  a  cent  per 
page  for  each  additional  live  hundred  copies  of  said  Message  and 
other  documents:  for  printing  two  hundred  copies  of  hills,  reso- 
lutions or  memorials,  printed  on  pica  type,  the   lines   numbered 


8 

on  the  margin,  with,  a  space  between  the  lines  of  the  size  of  pica, 
and  on  foolscap  paper  with  four  pages  to  a  sheet,  the  sum .  of 
two  dollars  and  fifty  cents  per  page  for  the  number  of  pages 
in  one  copy  thereof;  for  printing  Executive  Proclamations, 
advertisements  and  such  like  documents,  fifty  cents  per  square  of 
ten  lines  for  the  first  insertion  and  twenty-five  cents  per  square 
for  each  succeeding  insertion  that  may  be  ordered  ;  for  the  print- 
ing of  proclamations  and  proposed  amendments  to  the  Constitu- 
tion, the  sum  of  fifty  cents  per  square  for  each  insertion,  and 
such  publications  shall  not  be  inserted  in  any  type  larger  than 
bourgeois,  and  each  square  shall  contain  not  less  than  two  hun- 
dred ems. 

Sec.  18.  This  act  shall  be  in  force  from  and  after  its  passage, 
and  an  act  entitled  "an  act  regulating  the  public  printing," 
approved  March  eighth,  eighteen  hundred  and  forty-eight,  and 
"  an  act  to  amend  said  act,"  approved  December  twenty-seventh, 
eighteen  hundred  and  fifty-one,  are  hereby  repealed. 

Approved  Nov.  22,  1859. 


CHAPTER  3. 

AN  ACT  to  amend  an  act  supplefn'entdl  to  an  act  to  authorize 
the  location,  sale  and  settlement  of  the  Mississippi  and  Pacific 
Railroad  Reserve,  approved  November  28th,  1857. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
T.:xas,  That  all  settlers  within  the  Mississippi  and  Pacific  Rail- 
road Reserve  who  were  required  by  the  act  of  November  28th, 
1857,  to  pay  for  their  claims,  not  exceeding  one  hundred  and 
sixty  (160)  acres,  by  the  1st  day  of  October,  A.  D.  1859,  and 
who  have  failed  to  pay  the  same,  but  in  other  respects  complied 
with  the  requirements  of  said  law,  shall  have  until  the  first  day 
of  January,  A.  D.  1861,  to  make  payment  of  said  money  for 
their  claims. 

Sec.  2.  That  all  laws  and  parts  of  laws  conflicting  with  this 
are  hereby  repealed,  and  this  act  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 

Approved  Nov.  22nd,  1859. 


CHAPTER  4. 

AN  ACT  appropriating  ten  thousand  dollars,  or  so  much  thereof 
as  may  be&ecessary,  to  enable  the  Governor  to  offer  rewards 
for  fugitives  from  justice 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  the  sum  of  ten  thousand  dollars,  or  so  much  thereof 
as  may  be  necessary,  be,  and  the  same  is  hereby  appropriated 
for  tlir  purpose  of  enabling  the  Governor  <>f  tin.'  State  of  Texas 
to  offer  rewards  for  the  apprehensioa  of  fugitives  from  justice, 
to  be  paid  out  of  any  money  remaining  in  the  Treasury  not 
otherwise  appropriated. 

Sec.  2.  That  this  act  take  effect  ami  be  in  force  from  and 
after  its  passage. 

Approved  Nov.  28th,  1S59. 


CfiAFTEB  :>. 

AN  ACT  supplementary  t<>  an  act  appropriating  one  hundred 
oud  ten.  thousand  dollars,  or  so  much  tin  reef  as  may  be  rn  c<  s- 
sary,  for  the  mileage  end  per  d'o  m  pay  of  the  Mi  mbers  and 
the  per  diem  pay  of  the  Officers  of  the  eighth  Legislature. 

Section  1.     Be  it  enactedby  the  Legislature  of  the  Stab 
Texas,  That  fifteen  thousand  dollars,  or  so  much  thereof  as  may 

he  necessary,  be,  and  the  same  is  hereby  set  apart  and  appro- 
priated out  of  the  money  heretofore  appropriated  by  the  above 
entitled  act,  passed  at.  the  present  Legislature,  to  pay  the  con- 
tingent expenses  ot  the  present,  eighth  Legislature.  Provided, 
that  no  money  shall  be  drawn  from  the  Treasury  under  the  pro- 
visions of  this  act,  unless  the  claim  shall  first  have  been  exam- 
ined and  allowed  by  tiie  Committee  on  Contingent  Expenses. 
And  that  this  act  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 

Approved  December  S,  18j9. 


10 

CHAPTER  G. 

AN  ACT  to  provide  for  a  special  election  of  a  Senator  in  the 
eighth  Senatorial  District,  composed  of  the  County  of  Har- 
rison, to  fill  the  vacancy  occasioned  by  the  resignation  of  the 
Hon.  Louis  T.  Wigfall 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  a  special  election  shall  be  held  tor  a  Senator  in  the 
eighth  Senatorial  District,  composed  of  the  County  of  Harrison, 
after  eight  days  notice  shall  have  been  given  of  the  time  of 
holding  such  election,  to  fill  the  vacancy  occasioned  by  the  resig- 
nation of  the  Hon.  Louis  T.  Wigfall. 

Sec.  2.  That  the  presiding  officers  of  the  several  election 
precincts  in  said  district  shall  make  the  returns  of  said  election 
to  the  Chief  Justice  of  said  county  within  three  days  after  such 
election,  and  said  Chief  Justice  shall  within  live  days  alter  said 
election  open  and  count  the  returns,  and  give  a  certificate  of 
election  to  the  person  who  shall  have  received  the  highest   vote. 

S;-:c.  3.  That  the  Governor  is  hereby  required  to  immediately 
order  an  election  in  accordance  with  the  provisions  of  this  art, 
and  this  act  shall  take  effect  and  be  in  force  from  and  alter  its 
passage. 

Approved  December  10,  1859. 


CHAPTER  7. 

AX  ACT  to  provide  for  patenting  head  rigid  certificates  not 
■presented  to  the  Court  of  Claims  for  approval  within  tin  time 
prescribed  by  law,  and  for  issuing  duplicate  headrights  and 
unloccd'al  balance  certificates. 

Section  1.  Be  it  enacted,  by  the  Legislature  of  the  State  of 
Texas,  That  all  genuine  headright  certificates  or  genuine  Toby 
or  Bryan  scrip,  and  all  genuine  certificates  of  any  District  or 
Supreme  Court  of  this  State,  establishing  headrights  that  have 
been  legally  issued  and  properly  reported  to  the  proper  officers, 
that  have  not  been  presented  to  the  Court  of  Claims  within  the 
time  prescribed  by  law,  shall  be  recognized  and  patented  the 
same  as  though  they  had  been  presented   and  approved   by  the 


11 

Commissioner  of  Claims.  He  may  also  patent  in  the  same  man- 
ner all  certificates  ov  warrants  issued  by  the  Commissioner  of 
Claims  or  Comptroller  actiifg  Commissioner  of  Claims  but 
should  any  fraudulent  certificate  for  land  by  accident,  inadver- 
tance  or  design,  be  perfected  info  patent  under  this  act, 
patent  shall  be  void  and  no  title  shall  vest. 

Sec.  2.  That  from  and  after  the  passage  df  this  art,  it  shall 
be  the  duty  of  the  Commissioner  of  the  General  Land  Office  to 
issue  all  duplicate  headright  land  certificates  authorized  by  law, 
previous  to  the  26th  of  August,  1856  ;  and  also  to  issue  all  cer- 
tificates of  unlocated  balance,  when  from  the  records  of  his  o 
ill'  same  may  be  due  upon  any  genuine  and  valid  certiorate  en 
file  therein. 

Sec.  3.  The  Comptroller  is  required  to  turn  over  to  the 
Commissioner  of  the  General  Laud  Office  all  papers  or  archives 
that  may  he  necessary  fco  enable  him  to  carry  out  the  provisions 
of  this  act.  that  were  heretofore  in  possession  of  the  Commis- 
sioner of  Claims  :  and  that  this  aet  take  effect  and  he  in  force 
from  its  paS8age. 

Approved  December  15th,  1869. 


CHAPTER  S. 

AN  ACT  to  provide  payment  for  printing  the  proclamation 
<;/'  the  Governor. 

Section  1.     Be  it  enacted  by  i'i<  Legislature  of  the  Stab 

7'  as,  That  two  thousand  dollars,  or  so  much  thereof  as  may  be 
necessary,  be,  and  the  same  is  hereby  appropriated  to  pay  for 
printing  the  proclamation  of  the  Governor  ordering  the  vote  in 
August  last,  <>n  the  proposed  amendment  to  the  Constitution  ; 
and  also  for  the  publication  pf  all  other  proclamations  of  the 
Governor,  hitherto  made  and  unpaid  for.  and  the  same  shall  he 
paid  on  the  certificate  of  the  Secretary  of  State  and  Comptroller. 

Sbc.  2.     That  this  aet  take  effect  from  its  passage. 

Approved  Decembe?  Hi,  1859. 


12 

CHAPTER  9. 

AN  ACT  regulating  Public  Sales  in  the  County  of  Bastrop. 

WvHESEAS,  the  court  house  in  the  town  an  1  County  of  Bastrop, 
is  so  remote  from  the  business  part  of  said  town  that  adver- 
tisements posted  and  s  lies  made  at  the  court  house  are  not  as 
well  noticed  or  attended  as  is  consistent  with  public  or  private 
interest,  therefore : 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  from  and  after  the  passage  of  this  act,  the  Sheriffs, 
Constables,  Trustees,  persons  selling  estray  property,  and  all 
other  persons  authorized  and  required  by  law  to  advertise  and 
sell  property  at  the  court  house  in  said  county,  shall  be  required 
to  advertise  and  sell  the  same  at  the  store  house  known  as  the 
house  now  occupied  by  J.  M.  Finney  &  Co.,  on  the  east  side  of 
Main  street,  and  at  the  corner  of  Main  and  Cherry  streets  in  the 
town  of  Bastrop,  and  that  sal<>s  made  at  and  in  front  of  said 
house  shall  be  as  binding  as  if  made  at  the  court  house  ;  and 
that  a  copy  of  the  advertisement  of  all  public  sales  made  in  t\ic, 
eounty  shall  be  posted  at  the  place  of  sale,  and  also  at  the  court 
house  door,  the  time  required  by  the  laws  heretofore  in  force  ; 
and  that  all  laws  and  [tarts  of  laws  contrary  to  this  act  regula- 
ting public  sales,  or  so  much  thereof  as  relates  to  public  sales 
in  Bastrop  County,  lie,  and  the  some  are  hereby  repealed. 

Sec.  :i.  That  this  act  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  Dec.  16,  18.39. 


CHAPTER   10. 

AN  ACT  to  change  the  time  of  holding  the  District  Courts   in 
the  sixth  Judicial  District. 

Section  1.  Be  it  enacted  by  the,  Legislature  of  the  State  of 
Texas,  That  the  District  Courts  of  the  sixth  Judicial  District 
shall  hereafter  be  held  as  follows  ;  viz  : 

In  the  county  of  Rusk,  on  the   second  Mondays  of  February 

d  August,  and  may  continue  in  session  live  weeks. 

In  the  count}'  of  Harrison,   on  the  fifth  Mondays  after  the 


an 


13 

ond  Mondays  in  February  and  August,  and  may  continue  ifl 
session  six  weeks. 

In  the  county  of  Upshur,  on  the  eleventh  Mondays  after  the 
second  Mondays  in  February  and  August,  and  may  continue  in 
session  three  weeks. 

In  the  county  of  Wood,  on  the  fourteenth  Mondays  after  the 
second  Mondays  in  February* and  August,  ant  nny  continue  in 
session  two  weeks. 

In  the  county  of  Panola,  on  the  sixteenth  Mondays  after  thi 
second  Mondays  in  February  and  August,  and  may  continue  in 
session  until  the  business  is  dispi  s  d  ^\\ 

Sec,  -.     That  all  writs,  bonds,  recognisances,  and  process 
nil  kinds  already  issued,  taken,  or  made  reuunahle  to  (he   times 
heretofore  appointed  for  the  terms  of  the  said  courts,  shall  he  con- 
sidered anil  taken  as  made  for  the  terms  herein  provided  fur  said 
courts. 

Sec.  3.  That  this  take  effect  and  he  in  force  from  and  after 
its  passage,  and  that  all  laws  conflicting  with  this  act,  be,  and 
the  same  are  hereby  repealed. 

Approved  30  December!  1S~>9. 


CHAPTEK  11. 
AN  ACT  for  the  Protection  of  the  frontier, 

Whereas,  a  state  of  hostilities  exists  between  the  people  of  the 
State  of  Texas  and  various  Indian  tribes  who  inhabit  the  un- 
settled portions  of  the  State  and  adjacent  territory — hands  of 
said  Indians  having  at  various  times  within  the  last  three 
years  invaded  our  settlements,  murdered  our  people,  and 
carried  off  or  destroyed  their  property,  so  that  the  frontier  set- 
tlements arc  receding  before  the  i.waders,  anil  our  frontier 
counties  in  danger  of  depopulation  i 

And  whereas,  the*  .Federal  Government,  whose  duty  it  is  pri- 
marily to  protect  the  State  from  such  hostilities,  lias  not  etii-* 
ciently  alforded  such  protection  : 

And  whercas\  we  are  continually  in  such  iminent  danger  of 
being  invaded  by  said  hostile  Indian  tribes,  as  will  not  admit 
of  delay  :  Thcref 


14 

Section  1.  Be  It  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  the  Governor  of  the  State  be,  and  he  is  hereby  au- 
thorized to  raise  ami  muster  into  the  service  of  the  State,  a 
regiment  ot  mounted  men,  if  so  many  be  necessary,  consisting 
of  ten  companies,  or  such  smaller  number  as  he  shall  deem  suf- 
ficient to  afford  efficient  protection  to  the  entire  frontier  ;  and 
one-half  of  said  force,  at  least,  shall  be  immediately,  upon  their 
organization,  placed  on  the  frontier,  in  such  manner  as  to  act  as 
spies  and  minute  men,  for  the  protection  and  defense  of  the 
settlements,  as  the  Governor  may  think  proper.  Each  company 
shall  be  composed  of  eighty-three  men,  rank  and  file,  to  be^en- 
iisted  for  the  term  of  twelve  months,  unless  sooner  dischargi  d  ; 
to  be  re-enlisted  for  another  term  of  twelve  months,  or  others 
taken  in  their  place,  at  the  expiration  of  the  first  term  of 
vice.  The  officers  of  each  company  to  be  elected  by  the  men 
composing  the  same. 

Sec.  2.  For  the  command  of  the  whole  of  said  force  the 
members  shall  elect  a  Colonel,  a  Lint.  Colonel  and  a  Major  :  and 
each  company  shall  have  one  Captain,  i'inr  Lieutenants,  four 
Sergeants  and  four  Corporals,  and  one  Surgeon  ;  and  there  shall 
be  selected  from  each  company  one  of  the  Lieutenants,  to  act  as 
Quartermaster  and  Commissary  for  said  company,  with  the  rank 
of  Second  Lieutenant  ;  and  when  two  or  more  companies  are  acting 
together,  said  Lieutenants  shall  be  acting  as  the  commanding 
officers  may  direct,  as  Qartermastcrs,  or  Commissaries,  or  Adju- 
tants ;  and  there  shall  also  be  appointed,  from  among  the  men, 
such  non-commissioned  stall' as  may  be  llesessary. 

Sec.  3.  Said  officers  and  men  shall  provide  themselves  with 
arms,  horses,  and  all  accoutrements  and  camp  equipage  :  and 
shall  be  furnished  at  the  expense  of  the  State  in  provisions,  am- 
unitions,  medicines,  and  forage  for  horses  when  practicable  ;  and 
shall  receive  for  their  services  the  following  sums  :  The  Colonel, 
one  hundred  and  eighty  dollars  per  month  ;  the  Lieutenant  Colo- 
nel, one  hundred  and  fifty  dollars  per  month;  the  Major,  one 
hundred  and  twenty-live  dollars  per  month  ;  the  Captains  one 
hundred  dollars  per  month  ;  the  First  Lieutenants,  seventy-rive 
dollars  per  month  ;  the  Second  Lieutenants,  sixty  dollars  per 
month  ;  Sergeants,  four  dollars  per  month  in  addition  te  pay  of 
privates  ;  and  Corporals  three  dollars  per  nfonth  in  addition 
to  pay  of  privates  ;  and  privates  shall  receive  twenty-live  dollars 
per  month  ;  and  commissioned  staff  officers  shall  be  allowed 
twenty  dollars  per  month  extra  to  the  pay  of  their  rank,  and  non- 
commissioned staff  officers  eight  dollars  per  month  in  addition  to 
the  pay  of  privates  ;  the   Surgeon  shall  be  entitled  to  one    hun- 


15 

drod  and  twenty  dollars  per  month. -and  shall  furnish  his  instru- 
ments, but  be  furnished  with  medicines; 

Sec.  4.  The  said  force  shall  be  employed  in  ranging  and 
scouting  on  the  frontier,  from  the  most  eligible  point  on  the  Rio 
Grande  to  Red  River  :  and  their  operations  Bhall  be  entirely  under 
the  control  <>f  the  Governor,  who  shall  appoint  their  proper  pla- 
ces of  rendezvous,  and  deposit,  and  direct  nil  arrangements  necessa- 
ry to  carry  out  the  intention  of  this  act  ;  and  said  force  shall  he 
subject  to  the  rules  and  regulations  of  the  army  of  the  United 
Stales  ;  and  when  in  the  opinion  of  the  Govern  >r,  their  further 
services  are  noi  necessary,  may  he  reduced  or  disbanded,  or  if 
provisions  shall  he  made  by  the  Government  oJ  the  United 
States  to  aeeept  the  said  force,  in  the  whole  or  in  part,  for  the 
protection  of  the  frontier  of  Texas,  it  shall  be  turned  over  for 
that  purpose; 

SBC.  5.  That  this  force  shall  he  raised  in  guch  manner  as  tin 
Governor  may  direct,  from  any  portion  of  the  State  ;  and,  when 
mustered  into  service,  shall  take  sueh  position  en  the  frontier  a-- 
they  Bhall  he  ordered  by  the  Governor,  and  shall  operate  during 
the  time  they  are  in  the  service  of  the  State  under  the  orders  oi 
the  Governor. 

Sec.   (>.     That  this  aid.  take  effect  from  its  passaj 

Approved  January  2d,  1SG0. 


CHAPTER   12. 

AN  ACT  to  amend  the  4&h  section  of  "An    Act  allowing  dis- 
count* and  set  off"  passed  5th  February,  1850. 

Section  1  Be  it  exacted  by  the  Legislature  of  the  State  of 
Texas,  That  section  4th  of  the  Act  of  February  6th,  1840,  en- 
titled "An  Act  allowing  discounts  and  set  off/'  is  hereby  amend- 
ed so  as  to  read  as  follows  : 

Whereas,  any  plaintiff  may  institute  his  suit  for,  and  establish 
;t  demand  in  any  Court  having  jurisdiction  of  the  same,  and  his 
claims  be  reduced!  by  set  off  to  an  amount  not  within  the  juris- 
diction of  the  Court,  judgement  still  shall  be  given  for  the 
amount  due  the  plaintiff,  and  for  costs  of  suit;  should  the  set 
offol  the  defendant  exceed  the  amount    established  by  the  plain- 


16 

tiff,  then  judgement  shall  be  given  in  favor  of  the  defendant  for 
the  amount  that  tlis  claim  may  exceed  that  of  the  plaintiff,  and 
in  ci.se  the  defendant  acquired  such  set  off  before  the  commence- 
ment of  the  suit,  he  shall  recover  the  costs  of  suit,  otherwise  the 
plaintiff  shall  have  judgement  for  costs  of  suit  ;  but  should  the 
claim  of  the  plaintiff  be  reduced  to  a  sum  not  within  the  juris- 
diction of  the  Court  by  payment,  then  judgement  shall  be  giren 
in  favor  of  the  plaintiff,  for  the  balance  due  ;  but  the  defendant 
shall  recover  the  costs  of  the  suit  ;  and  when  the  defendant  may 
have  a  claim  against  the  plaintiff,  similar  in  its  nature  (but  they 
need  not  be  of  the  same  degree)  to  that  of  the  plaintiff,  he  shall 
be  permitted  to  file  in  his  answer  a  plea  of  reconvention;  setting 
forth  the  amount  due  him,  and  judgement  shall  be  given  in  fa- 
vor of  that  party  who  may  establish  the  largest  claim,  for  the 
excess  of  his  claim  over  that  of  his  opponent,  and  for  costs. 
Approved  January  2d,  1860. 


CHAPTER   13. 

AN  ACT  to  create  the  twentieth    Judicial  District   cfthe  Stale 
cf  Texas 

Section  1.     Be  it  enacted  hy  the  Legislature  of  the  State   of 

Texas,  That  a  new  Judicial  District,  to  be  styled  the  Twentieth 
Judicial  District  of  the  State  of  Texas,  is  hereby  formed,  and 
that  said  district  shall  be  composed  of  the  counties  of  Collin, 
Denton  Wise,  Jack,  Young,  Throckmorton,  Archer,  Clay, 
Montague,  Cooke  and  Grayson, 

Sec.  :i.  The  District  Courts  shall  be  held  in  the  twentieth 
Judici,  District,  twice  in  each  year,  as  follows  :  In  the  coun- 
ty of  Collincommenci  ng  on  the  second  Monday  in  March,  and 
September,  and  may  continue  in  session  three  weeks  :  In  the 
county  of  Denton,  on  the  third  Monday  after  the  second  Mon- 
day in  March  and  September,  and  may  continue  in  session  two 
weeks  :  In  the  county  of  Wise,  on  the  fifth  Monday  after  the 
second  Mondayin  March  and  September,  and  may  continue  in 
session  one  week  :  In  the  county  of  Jack,  on  the  sixth  Monday 
after  the  second  M  onday  in  March  and  September,  and  may  con- 
tinue in  session  one  week  :  In  the  county  of  Young,  on  the  sev- 


17 

Glith  Monday  after  the  second  Monday  in  March  and  September, 
and  may  continue  in  session  one  week  :  In  the  county  ofThrock- 
niorton,  on  the  eighth  Monday  after  the  second  Monday  in 
Marchand  September,  and  may  continue  in  session  one  week  : 
In  the  county  of  Archers  on  the  ninth  Monday  after  tb 
Monday  in  March  and  September,  and  may  continue  in  session 
one  week  :  In  the  county  of  (  May,  on  the  tenth  Monday  after  the 
id  Monday/in  Marchand  September,  and  may  continue  in 
Bession  one  week  :  [h  the  county  of  Montague,  on  the  eleventh 
Monday  after  the  secon  1  Monday  in  March  and  September,  and 
may  continue  in  session  one  week  :  [n  the  county  of  Cooke,  on 
the  twelfth  Monday  after  the  second  Monday  in  Marchand  Sep- 
tember, and  may  continue  in  session  two  weeks:  In  the  county 
rayson,  on  the  fourteenth  Monday  after  the  second  Monday 
in  March  and  September,  and  may  continue  in  session  until  the 
business  of  the  Term  is  disposed  of. 

Sbo.  3.  That  the  county  o{'  Wichita  he,  and  the  same  is 
hereby  attached  to  the  county  of  Clay,  for  Judicial  purpos 

Sec.  4.  That  all  writs  and  other  process  of  every  kind,  that 
may  be  issued  from  the  District  Courts  of  tin1  counties  named  in 
this  Act.  after  tin1  eommeneem  nt  of  the  next  Terms  of  the 
Courts  of  the  several  counties  respectively,  shall  he  returnable  to 
the  Terms  of  said  Courts,  as  established  by  this  act,  and  all 
writs  and  process  that  may  he  issued  before  the  commencement 
of  the  next  Term  oi  said  District  Court  in  any  of  said  counties, 
shall  he  returnable  to  the  Terms  o\'  said  Courts,  as  now  estab- 
lished, and  all  cases  of  appeals  or  writs  of  error  from  tin1  decis- 
ions of  the  District  Courts  of  i  his  District,  shall  be  returnable  to 
the  branch  of  the  Supreme  Court  of  the  City  of  Austin. 

Sec.  5.  That  the  Governor  he,  and  he  is  hereby  required  to 
order  an  election  to  he  held  in  said  District,  mi  the  first  Monday 
in  .di\,  next,  for  the  election  of  a  District  Judge  and  District 
Att  irney,  and  that  said  election  he  conducted,  in  all  respects, 
ding  to  the  general  law  regulating  the  election  oi'  such  of- 
m-i    -. 

8        A     That  all  laws    and   parts  of  laws   contravening    the 

-ions  of  this    act.  be    and  the  same  are    hereby    repealed — 

nevertheless,  the  .Indue  of  the  sixteenth  Judicial    District    shall 

he  required  to  hold  the  Bpring  and  summer  terms  of  the   Courts 

for  th  !  \ear  I860,  in  all  the  counties    which    composed  said    six- 

ii  Judicial  District  previous  to  the  passage  ^i'  this   act,  the 

same  as  if  this    act  had  not  passed. 

roved  January  2d,  1860. 

B 


18 

CHAPTER   14. 

AN  ACT  to  repeal  "An  Act  creating  a  system  of    Bankru} 
and  regulating  Lite  collection  of  foreign  debts." 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Tt  x- 
«s,That  •' An  Act  creating  a  sys'em  of  Bankruptcy,  and  regu- 
lating the  collection  of  foreign  debts,"  approved   January  19th, 

IS  11,  be,  and  the  same  is  hereby  repealed. 
Approved  January  2d,  1860. 


CHAPTER    15. 

AN  ACT  to  make  an   appropriation  jor  furnishing  the  Gova  r- 

nor's  Mansion, 

Section  JL     Be  it   enacted  byth&Legish  '  the  Stat 

Texas,  That  the  sum  of  fifteen  hundred  dollars,  or  as  much 
thereof  as  may  be  necessary,  be  and  tin  hereby  appropri- 

ated, out  of  any  money  not  otherwise  appropriated,  to  be  expi  nd- 
ed  under  the  direction  of  the  joint  committee  on  Public  Grounds 
and  Public  Buildings,  for  furnishing  the  Governor's  Mansion. — ■ 
That  the  joint  committee  report  to  the  two  ELouses,  the  amount 
so  expended,  and  that  this  aot  take  effect,  and  be  in  force,  from 
and  after  its  passage. 

Approved  January  2d,  18G0. 


CHAPTER    16. 

AN  ACT  making  an  appropriation  to  pay  the  Attorney  Gt 
and  District  Attorneys,  the  costs  due  thtm  under  articlt  952rf 
of  tl/e  Code  of  Criminal  Procedure. 

Section  1.     Be  it  enacted,  by  the  Legislature  of  the  State    ot 

Texas,    That  the  sum  of  two  thousand  dollars  ($2,000)    be. 
the  same  is  hereby  appropriated  out  of  any  money  in  the  T 


19 

•-. t\  not  otherwise  appropriated,  for  the  payment  of  the  costs 
tlue  by  the  State  to  the  Attorney  General  and  the  District 
Attorneys  in  cases  of  conviction  for  felony  aa  provided  for  under 
article  952.1,    of  the  Code  of  Criminal  Procedure. 

;c.  2.  Th.it  this  aci  (  ik  •  effect  Erom  and  after  its  passage. 
Approved  January  4th,  I860. 


CHAPTER   17. 

'rnes  for  holding  llie  Dis\        ■      rts  m  the 

>".  ••,  nth.  Judicial  Dis  rict. 

Section   I  t,    Be  it  egislature  of  ike  State  of 

.  That  tin*  District  Courts  in  the  Seventh  Judicial  District 
shaN  hereaftd  r  begin  and  be  held  as  follows  :  In  Grimes  county, 
-.in  the  third  Mondays  of  March  and  October,  and  may  continue 
for  two  weeks;  Ju  Walker  county,  on  the  second  Mondays  after 
the  third  Mondays  of  March  and  October,  and  may  continue  tor 
two  weeks  :  In  Montgomery  county,  on  the  fourth  Mondays  after 
hird  Mondays  of  March  and  October,  and  may  continue  for 
two  weeks'  In  Harris  county,  on  tin'  sixth  Mondays  after  the 
third  Mondays  of  March  and  October,  and  may  continue  for  four 
weeks:  tii  Galveston  county,  on  the  tenth  Mondays  after  the 
third  Monday--  of  March  and  October,  and  may  continue  until 
the  business  is  completed. 

Sec,  2d.  All  writs  and  process  issue.],  ox  that  maybe  issued 
|)rior  1"  the  taking  effect  of  this  act,  shall  be  held  and  considered 
as  returnable  to  the  tern;-  as  fixed  by  this  Act. 

Sec.  3d.  This  Act  shall  take  effecton  thefirst  day  of  March, 
A.  R.  islO:  and  all  laws  in  conflict  herewith  are  hereby 
repealed. 

Approved  January  7.  186' 


CHAPTER   IS. 

IA  ACI  confirming  certain   Patents,  and  to    validate   certain 
surveys  in  the  Mississippi  andPacifiG  Sail  Road  reservation. 


20 

Skction  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  all  patents  heretofore  issued  upon  surveys  made  by 
virtue  of  any  genuine  Colony  certificate,  within  the  limits  of  the 
Mississippi  and  Pacific  Rail  Road  Reservation,  be  and  the  same 
are  hereby  declared  to  be  as  valid  and  legal,  as  if  no  such  reser- 
vation had  ever  been  made  ;  and  all  surveys  made  by  virtue  of 
genuine  Colony  certificates,  within  said  reservation,  during  its 
pendency,  shall  be  as  valid  as  they  would  have  been  had  no  such 
reservation  ever  existed  :  Provided  that  in  all  cases  where  a 
conflict  in  locations  is  ascertained  to  exist,  either  party  may 
withdraw  their  certificates  within  six  months. 

Sec.  2.     That  this  act  take  effect  and  be  in   force   from    and 
'  after  its  passage. 

Approved  January  10th,  1860. 


CHAPTER    Iff. 

AN  ACT  to  provide  for  the  pay  and  sid)sistence  of  the  troops 
called  old  by  the  Governor  of  the  State,  under  the  command  of 
John  S.  Ford,  James  Bourland,  and  John  Henry  Brown,  al- 
so for  the 'pay  of  the  commissi on<  rs  sent  by  the  Governor  to  the 
Indians. 

Section  I.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texa^j  That  the  sum  of  sixty  thousand  dollars,  or  so  much  there- 
of as  may  be  necessary,  is  hereby  appropriated  out  of  any  mon- 
ies in  the  Treasury,  not  otherwise  appropriated,  for  ihe  payment 
and  subsistence  of  the  men  called  out  by  the  Governor  of  the 
State,  for  the  protection  of  the  frontier,  under  the  command  of 
John  S.  Ford,  James  Bourland,  and  John  Henry  Drown,  like- 
wise for  the  pay  of  the  peace  commissioners  sent  out  by  the 
Governor  in  1859,  at  the  rate  of  five  dollars  per  day,  each,  to- 
gether with  all  necessary  expenses  by  them  incurred. 

Sec.  2.  Thai  the  Comptroller  be  authorized  and  required  to* 
settle  all  well  authenticated  accounts  for  supplies  furnished  said 
companies,  by  their  captains  or  any  persons  by  them  employed 
to  furnish  supplies  to  their  respective  commands  :  Provided,. 
The  Comptroller  shall  have  fall  authority,  and  is  hereby  requi- 
red, under  this  act,  to  examine  the  accounts  for  subsistence  and. 
forage,  and  allow  only  such  as  are  fully  authenticated  by  prop- 
er vouch: rs,  and  to  reduce  extravagant  charges  to  a  reason 
amount. 


21 

Sec.  3.     That  tins  act.  take   effect  «and  be  in  force,  from  and 
.after  its  passage. 

Approved  12th  January,  18G0. 


CHAPTER    20. 

AN  ACT appropriating  ten  thousand  dollars,  or  so  much  there- 
of as  may  be  n  eessary  to  pay  tin  expenses  incurred  by  Capt. 
Tobin's  compai 

Section    1.     Be  it  enacted  by  the  Legislature  of  the   State  of 

j}  That  the  sum  of  ten  thousand  dollars,  or  so  much  thereof 

as  may  ba  necessary,  of  any   unappropriated  funds  now  in  the 

Treasury,  b<  and  the  same  is  hereby   appropriated  to  pay 

the  expenses  incurred    by   Capt.  Tobin's  command,  called   into 

service  by  order   of  the   Governor;  and   the   Comptroller  shall 

have  full  authority,  and  is   hereby   required, , under  this   act,  to 

examine  tl  ants  and    claims  for  said    expenses,  and    allow 

(inly  stteh  as  are  firily  authorized  and   authenticated   by    proper 

vouchers,  and  to   reduce  extravagant   charges   to   a  reasonable! 

;u>  >unt,  and  only  allow  for   the   necessary  expenses  incurred, — 

at  reasonable  prices,  whether  they  were    incurred   under  express 

ract   or   otherwise:  and    provided    that   no   claim  shall    be 

allowed  for  fire  anus    furnished    said  company. 

Sec.  2.     That  this  act  take  effect  from  and  after   its    passage. 
Approved  January  12th,  1860. 


CHAPTER   21. 

AN  ACT  making  a  further  appropriation  for  furnishing   the 

Governor's  Mansion. 

Section  !.  enacted  by  the  Legislature  of  the   State  of 

Texas,  That  the  further  sum  <>i'  one  thousand  dollars,  or  so 
much  thereof  as  may  b  i  neci  -.Try.  be  and  the  same  is  hereby  ap- 
propriated ou  I  of  any  money  in  the  Treasury  of  the  State,  nol 
other  propriated,  for  completing  the  furnishing  of  the  Gov- 

ernor's Mansion  :  Thai  the  s\]\>c  be  expended  under  the  super- 
intendence of  the  joint  committee  on  Public  Grounds  and  Pub- 
lic Buildings;  and  that  this  act  take  effect,  i\-^w  and  after  its 
passage. 

Approved  January  12th,  I860. 


22 

CHAPTER   22. 

AN  ACT  supplementary  to,  and  amendatory  of  am  act  entitled 
"An  Act  to  provide  relief  for  Pre-emption  settlers   and  tfieii 
assignees,  under  the  act  of  the  22d  January,  1845,   the  act   of 
the  1th  February,  1853,  and  the   act  of  the    13th  Februt 
1854,  and  actual  settlers  in  the  Mississippi  and  Pacific   Rail 
Road  Reservation. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  all  persons  or  their  assignees  who  are  entitled  to 
pre-emptions  under  any  of  the  abovo  entitled  acts,  have  until 
the  first  of  January,  1861,  to  return  their  field  notes  to  the 
General  Land  Office,  and  pay  the  dues  thereon. 

Sec.  2.  That  the  Commissioner  of  the  General  Land  Office 
is  hereby  required  to  issue  patents  to  all  assi  -  who  are  enti- 
tled to  pre-emptions  under  the  act  of  February  13th,  1854, 
entitled  an  act  donating  100  acres  of  land  to  settlers  on  the 
pilblic  domain,  provided  said  assignees  shall  return  to  the  Gene- 
ral Land  Office  their  pre-emption  certificates  proving  that 
he  or  she,  and  those  under  whom  they  claim,  have  resided  on 
said  pre-emption  for  three  years  continuously,  from  the  date  of 
taking  said  pre-emption,  and  have  otherwise  complied  with  tbi 
act  granting  said  donation. 

Sec.  3.     Be  it  further   enacted,    that   all   laws   and  parts  of 
laws  conflicting  with  this  act,  be  and    the    same   are   hereb; 
pealed,  and  that  this  act  be  in  force  from  and  after  its   pas 
Vetoed  and  passed  by  a  constitutional  majority,  Jan.  16,  1860. 


CHAPTER    23. 

AN  ACT  to  authorize  the  Commissioner  of  the    General  Land 
Office  to  issue  Patents  upon  surveys   heretofore   rr,  '    in 

the  form  required  by  law. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  the  Commissioner  of  the  General  Land  Office  be 
and  he  is  hereby  authorized  to  issue  patents  upon  surveys  hereto- 
fore made  and  returned  to  the  General  Land  Office,  although  not 
in  a  square,  the  same  as  if  said  survey  had  been  in  the  form  re- 
quired by  law  ;  Provided,  that  surveys  in  irregular  shapes  and 
evidently  made  to  the  detriment  of  the  public  domain,  which  are 


not  surrounded  in  such  a  manner  as  to  prevent  the  same  from  be- 
ing made  in  a  squire,  shall  not  be  patented  without  correction  : 
and  be  it  further  provided,  that  nothing  in  this  act  shall  be  so 
construed  as  to  allow  surveys  hereafter  to  be  made  in  any  other 
form  than  that  which  the  law   now  requir< 

Sec  2,  That  nothing  in  this  at  shall  be  so  construed  as  to  le- 
galize any  surveys,  the  corners  of  which  are  not  at  right  angles, 
if  the  surrounding  surveys  will  permit. 

Approved  January  17th,  1860, 


CHAPTER   24. 

JX  ACT  to  amend  the  4th  s  ction  of  the  act  of  May  12///,  184G, 
entitled  an  act  to  regulate  tin  license  apdpractia  of  attorneys 
and  counsi  Uors  <<t  law,  and  t<>  annnd  the  second,  section  of  the 
</<■/  of  Eebrwxry  I  I,  1854,  entitled  uan   net  to  aim  nd  the   9th 
end.  10///  sections  of  an  act  to  regulatethe  license  andpra 
of  attorneys  and  counsellors  at  law." 
Section  I.     Be  it  emu-ted  by  the  Legislature  of  the  Stab 
Texas,  That  the  4th  section  of  the  act of   May  12th,  1846,  en- 
titled an  act  to  regulate  the  license  and  practice  of  attorneys  and 
counsellors  at  law,  is  hereby  amended  so  that  the  same  shall  here- 
afterreadas  follows,  to-wit:     Every  person  admitted  to  practice 
law.shall,  before  receiving  license,  take  an  oath  that  he  will  support 
the  Constitution  of  the  Tinted  States  and  of  this  State,  that  he 
will  honestly  demean  himself  in  the  practice   of  the  law,  and  will 
discharge    his    duty   to    his    clients,  to   the   best  of  his    ability, 
which  oath  shall  he  endorsed    upon    his    license,   subscribed    by 
him,  and  attested  by  the  officer  administering  the  same. 

Sec.  2.  That  the  2nd  section  of  the  act  of  February  11th. 
1354,  entitled,  "an  act  to  amend  the  9  th  and  10th  sections  of 
t  to  regulate  the  license  and  practice  of  attorneys  and  coun- 
Bellors  at  law.*' is  hereby  amended  so  thai  the  same  shall  hereafter 
read  as  follows,  to-wit :  Each  attorney  and  counsellor  at  law, 
shall  be  subject  to  fine  or  imprisonment,  by  aay  court  in  which 
he  may  practice,  for  mis-behavior,  or  contempt  offered  to  such 
court  ;  hut  no  court  shall  strike  an  attorney  and  counsellor  at 
law.  from  the  rolls,  for  contempt,  unless  it  involve  fraudulent  or 
dishonorable  conduct,  or  mal-practice,  in  which  case,  proceed- 
may  be  had  as  directed  in  the  preceeding  section  ;  and  any 


24 

attorney  or  counsellor  cat  law,  who  may  be  charged  with  fraudu- 
lent or  dishonorable  conduct,  or  mal-practice  in  the  District 
Court,  shall  have  the  right  to  a  trial  by  jury,  should  he  demand 
it,  and  may  plead  not  guilty,  as  in  prosecutions  for  misdemean- 
ors, whereupon  a  jury  shall  le  empanneled  to  try  the  cause,  and 
if  the  jury  find  the  accused  guilty,  the  Court  shall  enter  judg- 
ment in  accordance  with  the  law  in  such  cases,  made  and  pro- 
vided. 

Sec.  3.  That  this  act  shall  be  in  force,  from  and  after  its 
passage. 

Approved  January  18,  1860. 


CHAPTER   25. 

AN  ACT  to  amend  an  act  amendatory  of  and  supplementary  to 
an  act  to  encourage 'the  improvement  of  the  navigation  of  the 
rivers  and  other  navigable  waters  of  Texas,  by  making  ap- 
propriations for  the  same,  approved  2Zd  August,  185(5. 
Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  the  following  section  be  added  to  said  act,  as  an  ad- 
ditional section. 

Sec.  7.  Whenever  the  State  Engineer  and  Superintendent, 
after  the  letting  of  any  contract  for  the  improvement  of  any  liv- 
er, and  during  the  progress  of  the  work,  shall  become  satisfied 
that  the  work  done,  and  to  be  done,  under  the  contract,  will  not 
effect  a  permanent,  continuous  and  valuable  improvement,  said 
Engineer  and  Superintendent  shall  have  power  to  set  aside  such 
contract,  by  agreement  with  the  contractors,  and  to  settle  with 
them  for  the  full  amount  of  work  actually  done,  and  ho  shall 
proceed  to  apply  the  subscriptions  and  State  appropriations  re- 
maining, to  such  portions  of  such  rivers  as  can  by  permanently 
improved. 

Ths  provisions  of  this  act  shall  only  apply  to  contracts  made 
upon  the  rivers  west  of  the  Trinity  river,  and  if  the  contract  for 
cleaning  out  the  Brazos  river  be  cancelled  or  modified  under  this 
act,  the  unpaid  subscriptions  made  by  the  citizens  of  Washing- 
ton  county,  shall  be  discharged,  and  no  further  payments  de- 
manded of  them,  by  virtue  tliereof. 

Sec.  2.     This  act  shall  take  effect,  from  and  after  its  passage 
Approved  January  27, 1860. 


25 
CHAPTER  20. 

AN  A GT  to  amend  the  second  section  of  an  net  entitled  i:an. 

act  to  create  tin  tic  ntieth   Judicial    District  of  the  SiaU    of 

Texas,  approvi  d  January  2d,  1860. 

Section  L.  Be  it  enacted  by  the  Legislature  of  the  Slate  of 
Texas,  That  the  2d  section  of  the  above  entitled  act,  shall  read 
as  follows  : 

Sec.  2.  That  (lie  District  courts  shall  beheld  in  the  20th  .Ju- 
dicial District,  in  each  yoar,  as  follows  :  In  the  county  i>t  Col. 
lin,  on  the  first  Mondays  in  February  and  August,  and  may  con- 
tinue in  session  two  weeks.  In  the  county  of  Denton,  on  the 
id  Mondays  after  the  first  Mondays  in  February  and  August, 
and  may  continue  in  session  two  weeks.  In  the  county  of  Mon- 
tague, on  the  fourth  Mondays  after  the  first  Mondays  in  February 
and  August,  and  may  continue  in  session  cue  week.  Jn  the 
county  of  Cooke,  on  the  fifth  Mondays  after  ihetiist  Mondays  in 
February  and  August,  and  may  continue  in  session  two  weeks. 
In  the  county  of  Grayson,  on  the  seventh  Mondays  after  the  first 
Mondays  in  February  and  August,  and  may  continue  in  session 
two  weeks.  In  the  eonnlv  oi  Clay,  on  the  tenth  Mondays  alter 
the  first  Mondays  in  February  and  August,  and  may  continue  in 
.session  one  week".  In  the  county  of  Archer,  on  the  eleventh 
Mondays  after  the  first  Mondays  in  February  and  August,  and 
may  continue  in  session  one  week'.  In  the  county  of  Throck- 
morton, on  the  twelfth  Mondays  after  the  first  Mondays  in  Febru- 
ary and  August,  and  may  continue  in  session  one  week.  In  the 
county  of  Young,  on  the  thirteenth  Mondays  after  the  first  Mon- 
days in  February  and  August,  and  may  continue  in  session  one. 
week.  In  the  county  of  «/ack,  on  the  fourteenth  Mondays  after 
the  first  M  mdays  in  February  an  1  August,  and  may  continue  in 
session  one  week.  In  the  county  of  Wise,  on  the  fifteenth  Mon- 
days after  the  first  Mondays  in  February  and  August,  and  may 
continue  in  session  until  business  is  disposed  of. 

Sec  2.  That  so  much  of  the  above  recited  section,  as  con- 
flicts with  the  provisions  of  this  acl  be,  and  the  same  are  hereby 
repealed. 

proved  January  '21,  18G0. 


26 

CHAPTER   27. 

AN  AQT supplementary  to  an  act  entitled  an  act  to  ascertain 
what  land  certificates  have  been  illegally  issued  by  the  county 
courts  of  counties  in  Peter's  colony,  and  to  provide  for  issu- 
ing patents  on  such  of  said  certificates  as  are  legal. 
Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  the  holders  of  such,  certificates  as  are  mentioned  in 
the  act  to  which  this  is  supplementary,  who  did  not  present  the 
same  to  the  Board  of  Commissioners  provided  by  said  act,  and 
the  owners  of  such  certificates  as  were  presented  and  rejected  by 
said  Board,  shall  have  twelve  months  from  the  passage  of  this 
act,  in  which  to  present  their  claims  to  the  District  Courts,  as 
provided  for  in  the  twelfth  section  of  the  act  to  which  this  is 
supplementary  :  provided  a  statement,  under  oath,  is  made  with 
such  application,  showing  good  cause  why  the  same  was  not  pre- 
sented to  \he  Board  of  Commissioners,  or  to  the  District  Court, 
as  is  provided  in  said  act  :  and  provided  that  in  case  the  wit- 
nesses by  whom  such  applicant  expects  to  prove  the  validity  of 
any  such  certificate,  is  not  a  resident  of  Peters  colony,  the  proof 
may  be  made  by  deposition,  before  the  chief  justice  in  the  county 
in  which  the  witness  resides,  and  said  officer  administering  the 
oath,  shall  certify  that  from  his  own  knowledge,  or  from  satis- 
factory proof  produced  before  him,  the  witnesses  who  swear,  are 
respectable  persons,  and  entitled  to  credit,  as  iu  other  cases,  in 
the  District  Courts  ;  such  depositions  to  be  taken  alter  notice 
served  on  the  District  Attorney  of  the  District  in  which  the 
cause  is  pending,  and  in  the  manner  provided  for  taking  of  depo- 
sitions in  other  cases. 

Approved  January  24,  1860. 


CHAPTER   28. 

AN  ACT  to  regulate  and  define  the  times  of    holding    the   Dis- 
trict Court  in  the  several  counties  of  the  eighth  Judicial  Dis- 
trict. 
Section  1.     Be  it  enacted  by  the  Legislature       <;    /<    /  <<< 

Texts,  That  the  District  Court  of  the  eighth  judicial   district  in 

the  State  of  Texas,  beheld  in  the  several  counties,  at,  and  for  the 

period  of  time,  hereafter  specified,  viz  : 


-/ 

In  the  county  of  Titus,  on  the  first  Mondays  in  Febrn 
ami  August,  and  may  continue  in  session  two  weeks.  Tn  the 
county  of  Hopkins,  <»n  the  second  Mondays  after  the  firs*  Mon- 
days in  February  and  August,  and  may  continue  in  sessi 
two  weeks.  In  the  county  of  Hunt  on  the  fourth  Mondays 
alter  the  first  Mondays  in  Februarv  and  August,  and  may 
continue  in  session  one  week.  In  the  county  of  Fannin  on 
the  fifth  Mondays  after  the  first  M  m  lays  in  February  and  Au- 
gust, and  may  continue  in  session  two  weeks,  [n  the  county  of 
Lamar,  on  the  seventh  Mondays  after  the  first  Mondays  in  Febru- 
ary and  August,  and  may  continue  in  session  two  weeks.  In  the 
county  of  Red  River,  on  the  ninth  Mondays  after  the  first  Mon- 
days in  February  and  August,  and  may  continue  in  session  three 
■•.  In  the  county  of  Bowie,  on  the  thirteenth  Mondays  after 
first  Mondays  in  February  and  August,  and  m  iy  con  f  inn  ■  in 
ion  two  weeks.  In  the  county  of  Cass,  on  the  fifteenth 
Mondays  after  the  first  Mondays  in  February  and  August,  and 
may  continue  in  Bession  until  the  business  is  disposed  of. 

Sec.  2.  That  all  write  and  process,  that  have  been,  or  may 
after  be  issued  from  any  of  the  District  Courts  of  the  coun- 
ties mentioned  in  the  1st  Beclion  of  this  act,  and  made  returnable 
to  any  of  the  terms  of  the  said  court?,  under  the  laws  now  in  force, 
and  all  bonds  and  recognizances  that  have  been,  or  may  hereaf- 
ter be  made  so  returnable,  shall  be  returned  to  the  terms  speci- 
fied in  this  aef,  and  shall  have  the  same  force  and  effect,  as  it 
the  same  had  been  made  so  originally  returnable. 

Sec.  3.     That  an  art    to  reorganize  the  eighth    Judicial  Dis- 
trict, and  define  the  times  of  holding  Courts    therein,  appr 
or  the  16th  day  of  February,  L858,  be,  and  the  same  is   hereby 
repealed,  and  that  this  act  tab  ind  1"'  in  force  from  and 

after  the  1st  day  of  August,  A.  1).  ISu'O.  * 

Approved  January  25,  ISM>. 


CHAPTER 


AN  ACT  to  repealthe  17th  section  of  an    act   entitled11  on  act 
■  '"./<    railroad  companies,    approved   February   1th., 
!  >53. 

Section  1.     Be  it  enacted  by  the    Legislature  of  the    § 
g,  That  the  seventeenth  s<  ition  of  "an  act,  entitled  an 


28 

to  regulate  railroad    companies,  be,  and    the  same  is  hereby    re- 
pealed. 

Approved  January  26,  1860. 


CHAPTER  30. 

AN  AiGT further  regulating  proceedings  in  the  Supreme  Court. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  the  causes  determined  in  the  District  Court  of  the 
counties  composing  the  third  Judicial  District,  when  taken  to 
the  Supreme  Court  of  the  State,  by  appeal  or  otherwise,  shall  be 
returnable  to  the  branch  of  said  Court  at  Galveston,  and  the 
causes  from  the  Courts  of  said  third  Judicial  District,  pending 
in  the  Supreme  Court  at  Austin,  and  undecided  at  the  close  of 
the  term  of  said  Court,  which  commenced  on  the  third  Monday 
of  October,  A.  D.  1859,  shall  be  transferred,  for  decision,  to  Gal- 
veston :  provided  that  the  cases  so  transferred,  shall  not  take 
p  -ecedenee  of  those  now  on  the  docket  of  the  Court  at  Gal- 
veston. 

Sec.  2.  The  sixth  section  of  the  act  of  February  11,  1850, 
entitled  "an  act  concerning  the  proceedings  in  the  Supreme 
Court/'  is  hereby  repealed,  and  this  act  shall  take  effect  and  be 
in  force,  from  and  after  its  passage. 

Passed  January  28,  I860. 


CHAPTER   31. 

AN  ACT  to  establish  the  time  of  holding  the  courts  in  the  12th 

Judicial  Disti  ict. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  from  and  after  the  passage  of  this  act,  the  Courts 
in  the  twelfth  Judicial  District  shall  commence — 

In  the  county  oi  Cameron,  on  the  fourth  Monday  in  April,  and 
the  second  Monday  in  November,  and  may  continue  in  session 
four  weeks.  In  the  county  of  Hidalgo,  on  the  fourth  Monday 
after  llje  fourth  Monday  in  April,  and  the  fourth  Monday  after 
the  second  Monday  in  November,  and  may  continue    in   session 


29 

one  week.  In  the  county  of  Starr,  on  the  fifth  Monday  after 
f  Mirth  Mouday  in  April,  and  the  fifth  Monday  after  tin'  second 
Monday  in  November,  and  may  continue,  in  session  two  weeks. — 
In  the  county  "f  Zapata,  on  the  seventh  Monday  after  the  fourth 
Monday  in  April,  and  the  seventh  Monday  after  the  second 
Monday  in  November,  and  may  continue  in  session  one  week  — 
In  tie/  county  of  Webb,  on  the*  ighth  M  mday  after  the  fourth 
Monday  in  April,  and  the  eighth  iJ  mday  after  the  -  !  >u- 

day  in  November,  and  may  continue  in  session  one   week. 

Sec.  2.     All  writs  and  process  that  have  been,  or  may  here 
ter  be  issued  from  any  of  the  District  Court?   of  the  twelfth  Ju- 
dicial District,  shall  he    considered  as  returnable,    and    shall    !•• 
returned  to  the  terms  as  established  by   this   act,  ami  shall  I 
the  same  force  and  effect  a-  it'  they  had  originally  been  issued  e  i 
returnable. 

Rec.  3.  Al!  laws  an  1  parts  of  laws,  conflicting  with  th  i  pro- 
visions of  this  act,  are  hereby  repealed:  and  this  act  shall  v  ku 
effect  and  be  in  force  from  and  after  i:s  passage. 

Approved  January  29,  I860. 


Vl'TER    32. 

AN  ACT  to  author ize<th<!  use   of  the  I',  lUed  States  Bon 
apart  to  the  Un  veraity  of  Texas,  in  meet  appropriations m 
for  frontier  defence. 

Section  I.  Be  it  enaefcd  by  the  Legislature  of  the  Stat 
Texas,  That  thesum  ot  one  hundred  thousand  dollars  in  Unite.) 
States  bonds  with  the  interest  which  has  heretofor«  accrued,  or 
which  may  hereafter  accrue  upon  the  same,  set  apart  and  appro- 
priated lor  the  establishment  and  maintainance  of  the  University 
of  Texas,  by  "an  act  to  establish  the  University  o\'  Texas,'  ap- 
proved February  11,  1858,  may  he  used  at  any  time  during  the 
next  two  years,  to  meet  any  appropriations  made  by  law,  for 
frontier  defence  ;  provided  the  current  revenue  he  insufficient  to 
meet  sueh  appropriations,  as  they  are  required  to  be  disbursed, 
and  provided  further  that  in  case  it  should  be  necessary  to  use 
said  bonds  and  interest,  or  any  pirtof  the  same,  the   am  ami    - 

i.  shall  he  replaced  to  meet  the  appropriation  made  by   said 
acl  of  1  1th  February j  Ks'.">s,  to  establish  said  University,  so  - 
;i~  the  amount,  so  \',st'd}  or  any  part  of  the  same  may    come 


30 

the  Treasury,  from,  current  revenue  or   from   any   other   source, 
not  appropriated  or  set  apart  for  any  other  use.     The  amount  so 

used,  to  be  paid  back  to  the  University  fund,  without  interest. 

Sec.  2  That  the  said  United  States  bonds  may  be  disposed 
of,  if  required  to  comply  with  the  provisions  of  this  act,  in  the 
manner  other  United  States  bonds  are  or  may  be  disposed  of  by 
any  law  now  existing  or  which  maybe  hereafter  passed. 

Sec.  3.  That  this  act  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  January  31,  1860. 


CHAPTER   33. 

AN  ACT  making  ewe  appropriation  to  pay  assessors  and  col- 
lectors, for  taking  the  scholastic  census  for  the  yew  185!). 
Section  J.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  the  sum  of  six  thousand  dollars  be,  and  the  same 
is  hereby  appropriated,  or  so  much  thereof  as  may  be  necessary- 
to  pay  the  assessors  and  collectors  of  the  State  of  Texas,  lor 
taking  the  scholastic  census  for  the  year  1S59. 

Sec,  2.     That  this  act  take  effect  and  be  in    force,  from  and 
after  its  passage. 

Approved  January  31.  18G0. 


CHAPTER 


O-k. 


AN  ACT  io  amend  the  second,  fifth,  eighth  and   ninth    section 

of  an  act  to  authorize  the  sale  ef  the  public  domain. 

Section  1.  Be  it  enacted,  b$  the  Legislature  of  the  State  of 
Teseim,  That  the  second,  fifth,  eighth  and  ninth  sections  of  the 
above  entitled  act  be  so  amended  as  to  read  as  follows  I 

Section  second  of  said  act  shall  hereafter  read  as  follows  v. 

Sec.  2.  The  alternate  sections  of  land  surveyed  and  reserved 
to  the  State,  under  the  provisions  of  the  laws  to  encourage  the 
construction  of  Railroads,  by  donations  of  land,  and  the  act 
granting  land  to  the  G-alveston  Brazos  Navigation  company,  and 


31 

the  Islands  heretofore  reserved,  mid  all  other  reserved  seefi 
may  he  sold  atone  dollar  and  twenty-flve  cents  per  acre,  provi- 
ded that  fractions  of  less  than  one  hundred  and  sixty  acres  with- 
in the  Memphis,  El  Paso  &  Pacific  Railroad,  reserve,  and  that 
have  not  been  surveyed  by  the  company,  shall  be  subjecl  to  set- 
tlement and  sale,  or  either,  at  fifty  cents  per  acre,  as  herein- 
after provided  for  by  this  act. 

Section  fifth  of  said  act,  shall  hereafter  read  as  follows : 
Sec.  5.     When  there  may  beanj  vacanl  and  unappropriated 
public  domain  (not  being  set  apart,  held  in  reservation,   or  the 
location  of  \vbich  is  prohibited  by   lav  )  of  less   quantity   than 
one  hundred  and  sixty  acres  of  land,   which  is   completely  sur- 
rounded by  previous  surveys,  any  one  desiring  to  purchase  the 
same,  may  apply  to  the   surveyor   o\'  the  county  or  district  in 
which  the  land  lies,  and  cause  the  same  to  hi1    surveyed.,  and  the 
field  notes  of  such  survey  shall  be  recorded    in  the  office  of  said 
surveyor,  and  returned  to  the  General  Laud  Office,  and  the  per- 
son upon  whose  application  the  land  was  Surveyed,  shall,  for  six 
months  after  the  making  of  such  survey,  haven   preferei  :e    • 
purchase  said  land,  and  the  sale  of  the  same  shall  be  made  in  the 
same  manner  as  is  provided  tor  in  the  fourth  section  of  (his  act, 
tor  the  sale  of  other  surveyed  lands,  and  for   fifty  cents  per  acre, 
and  patented  in  the  same   manner  :  provided,    however,  that  if 
the  person  Upon  Whose  application  the  said  land  is  surveyed,  and 
to  whom  said  preference  is  given,  his  heirs  or  assigns,  shall   tail 
within  the  said  six  months  from  the  time  of  the  survey   of  said 
laml.  to  file  in  the  office  of  the  District  or  county  surveyor,  who 
surveyed  the  same,  a    certificate   from  the  Commissioner   of  tin" 
General  Land  OffiCe,[stating  that  he  or  they   had  purchased  and 
paid  for  the  same,  then  said  land  shall  revert  to  and  become  part 
of  the  public  domain,  and  besubject  t<»  locution  as  other  lands. 
Section  eighth  of  said  act  shall  hereafter  read  as  follows  : 
Sec.  8.     All  heads  of  families,  who  are  settled  upon,  or   who 
may  hereafter  settle   upon   any    vacant  public   domain,   except 
those  hinds,  the  sale  of  which  is  provided  for  in  the  second, 

of  this  act,  shall  have  the  privilege  of  purchasing  one  hun- 
dred ami  sixty  acres  of  lend,  or  less,  where  it  is  entirely  surroun- 
ded by  previous  surveys,  to  include  his  or  her  improvement,  in 
preference  to  all  others,  at  fifty  cents  per  acre. 

don  ninth  of  said  act  shall  hereafter  read  as  follows  : 
Sbo.  !•.     Any  one  desiring  to  obtain  the   benefits  of  the  pre- 
ceding section  of  this  act,  shall,  within   six   months   after    the 
passage  of  this  act,  or  within  three  months  after  his  or  her  settle- 
ment, file,  with  the  district  surveyor,  his  or  he;  I  and  that 


of  6wo  credit  able  witnesses,  made  before  any  officer  authorized 
to  administer  oaths,  in  the  land  district  in  which  the  land  is  sit- 
uated, that  he  or  she  is  bona  fide  settled  and  making  improve- 
ments upon  vacant  public  domain,  the  sale  of  which  is  contem- 
plated in  the  first  section  of  this  act  ;  and  that  he  or  she  has 
not  previously  taken  or  filed  a  pre  emption  under  this  act,  on 
vacant  land,  and  shall  at  the  same  time  tile,  with  said  surveyor, 
a  designation  of  the  land  sought  to  be  Secured,  and  said  settler 
shall,  within  twelve  months,  have  said  land  surveyed  and  his  or 
her  heir1  notes  recorded  and  returned  to  the  General  Land  Office, 
and  shall  be  required  to  pay  taxes  on  the  same,  from  the  date  of 
his  or  her  settlement,  and  the  money  paid  within  three  years 
from  the  date  of  his  or  her  file,  or  the  preference  herein  provi- 
ded shall  cease,  and  said  land  become  vacant  and  subject  to 
location  or  purchase  ;  and  that  no  claim  under  this  act,  shall  be 
transferrable  or  assignable,  until  the  rights  to  the  land  shall  be 
perfected. 

Sec.  2.     And  that  this   act  take  effect  and   be  in   force  from 
and  after  its  passage. 

Approved  February  1,  1860. 


CHAPTER  35. 

AN  ACT  authorizing  the  heirs,    representatives  or   relations  of 
deceased  persons    to   sue  for    and  recover    damages,    where 
the  death  of  such  person  or  persons  has  been  caused  or   occa- 
sioned by  the  negligence,   culpable  or  wrongful  act  of  another. 
SfiQTioN   1.     Be  it  enacted  by  the  Legislature  of  the   State  of 
Tej^ts.   If  the  life  of  any  person  is   lost  by    reason  of  the    negli- 
gence or    carelessness   of    the    proprietor   or  proprietors,  owner, 
charterer  or  hirer  of  any  railroad,  steamboat,  stage-coach,  or  oth- 
er vehicle  for  the  conveyance  of  goods  or    passengers,    or  by    the 
unfitness,  gross   negligence  or   carelessness  of  their  servants  or 
agents,  and  whensoever  the  death  of  a  person  may  be  caused  by 
wrongful  act,  neglect,  unskilfulness  or  default,  and  the  act,  neg- 
lect, unskilfulness   or  default  is    such    as  would  (if    death    had 
not  ensued)  have  entitled  the  party,  injured,  to  maintain  an  ac- 
tion for  such  injury,  then  and  in  every  such  case  the  person  who 
would  have  been  liable  if  death  had  not  ensued,  shall  be    liable 
to  an  action  for  damages,  notwithstanding  the  death  of  the  per- 


33 

son  injured,  and  although  the  death  shall  have  bean  caused  under 
such  circumstances  as  amount,  in  law,  to  a  felony. 

Sec.  2.  Every  sueh  action  shall  be  for  the  solo  and  exclusive 
benefit  of  the  surviving  husband,  -wife,  child  or  children  and 
parents  of  the  person  whose  death  shall  have  been  so  causect,and 
may  be  brought  by  such  entitled  parties,  or  any  one  of  them 
and  if  said  parties  fail  fa-  three  calendar  month*,  to  institute 
suit,  then  it  shall  lie  the  duty  of  the  executor  or  administrator 
of  the  deceased,  unless  specially  requested  by  all  of  said  parties 
entitled,  not  to  prosecute  the  same.  And  in  every  such  action 
the  jury  may  give  such  damages  as  they  may  think  proportioned 
to  the  injury  resulting  from  such  death,  and  the  amount  so  re- 
covered, shall  be  divided  am  mgst  the  person  or  persons  entil 
under  this  act,  or  such  cf  them  as  shall  then  be  alive,  in  such 
shares  as  the  jury  shall  and  and  direct,  and  shall  not  be  liable 
for  the  debts  of  the  deceased. 

Sec.  3.  The  action  shall  be  brought  within  one  year  after 
the  death  of  such  deceased. 

SEC.  4.  The  action  shall  not  abate  by  the  death  of  eitler 
party  to  the  record.  If  the  plaintiff  die,  pending  the  suit,  where 
there  is  only  one  plaintiff,  some  one  or  more  of  the  parties  enti- 
tled to  the  money  recovered,  may  be  substituted,  and  the  suit 
prosecuted,  to  judgment  in  the  nam*1  of  sueh  party  or  parties, 
for  the  benefit  of  the  persons  entitled.  If  the  defendant  die, 
pending  the  suit,  his  executor  or  administrator  may  be  made  a 
party,  and  the  suit  prosecuted  to  judgment  as  though  said  de- 
fendant had  continued  alive  ;  but  the  /judgment  in  such  case  if 
rendered  in  favor  of  plaintiff,  shall  be,  to  be  paid  in  due  course 
of  administration. 

Approved  February  2,  1800. 


CHAPTER  36. 


AN  ACT,  supplementary  to  an  act  entitled  "  an-  act  ta  pro- 
vide for  distributing  the  reports  of  the    Supreme   court,    the 
hues  qf  the  Stat  ■  mil  the  journals  oftJn   Legislature. 
_  Section  1.     ])■  it  enacted  by  th  Legislature  of  the  State  of 
Texas,  That  it  shall  be  the  duty  of  the    Secretary  of  State  to 
furnish  the  libraries  of  the  supreme,  court,  at  each  branch  of  said 
Court,  with  sueh  number  of  copies  of  the  reports  of  the  supreme 

C 


34 

court  of  the  State,  of  the  public  and  private  laws  of  the  State, 
of  all  digests  or  revisions  of  the  laws  of  the  State,  published  or 
subscribed  for,  by  the  State,  and  of  digests  of  the  decisions  of 
the  supreme  court  of  the  State,  subsciibed  for  by  the  State,  as 
will  supply  each  of  the  judges  of  said  Court  with  one  complete 
set  of  all  of  said  books,  for  use  by  them,  during  the  terms  of 
said  Court,  and  one  set  for  each  of  said  libraries,  to  remain 
therein,  for  general  use. 

Sec.  2.  This  act  shall  take  effect  and  be  in  force,  from  and 
after  its  passage. 

Approved  February  2,  1860. 


CHAPTER  37. 

AN  ACT  to  authorize  and  require  the  county  courts  of  the  sev- 
eral counties  of  the  State  of  Texas,  to  furnish  the    county  stir- 
veyors  of  their  respective  counties,  with  books  of  record. 
Section  1.     Be  it  enacted  by  the  L&gMatUr?  of  the  State  of 
Texas,  That  the  county    courts    of  the  several  counties   of  this 
State,  be  and  they  are  hereby  authorized  and  required  to  furnish 
the  bounty  surveyors  of  their  respective  counties,  with  the  neces- 
sary boolss  of  record  pertaining  thereto. 

Sec.  2     That  this  act  take  effect  and  be   in   force   from   and 
after  its  passage. 

Approved  February  2,  18G0. 


CHAPTER  38. 

AN  ACT  to  define  the  Homestead  in  a  town  or  city. 
Section  1.  Be  it  enacted  by  the  Legislatura  of  tEe  Stale  of 
lexas,  That  the  homestead  in  a  town  or  city,  exempt  from  forced 
sale,  is  hereby  declared  to  be  the  lot  or  lots  occupied  or  destined 
as  a  family  residence,  not  to  exceed  in  value  two  thousand  dol- 
lars, at  the  time  of  their  destination  as  a  Ivan  -stea  1  :  nor  shall 
the  subsequent  increase  in  the  value  of  the  homestead,  by  reason- 


35 

r>f  improvement's  or  otherwise,  subject   the   homestead  to  forced 
sale. 

Approved  February  2,  1SG0. 


CHAPTER  39. 

ACT making  an  appropriation  to   defray  the  expenses   of 

selling  the  University  lands. 

Section  *1.  Be  it  enacted  bg  the  Legislature  of  the  State  of 
TexaSi  That  the  sum  of  seventeen  hundred  and  sixteen  and  for- 
ty-five hundredth  dollars,  or  so  much  thereof  as  may  he  nccessarv, 
be  and  thy  suiv  is  hereby  appropriated  out  of  the  proceed 
of  the  sales  of  the  University  lands,  now  in  the  Treasury,  to  pay 
the  Commissioner  appointed  by  the  ti  ivernofc,  for  selling  the 
University  lands,  and  for  advertising   the  si];' of  said  lands. 

Skc.  "2.     That  this  act  tfcke 'effect   and  be  in    force   from   and 
■after  its  pass; ige. 

Approved  February  2,  1860, 


CHAPTER  40. 

AN  ACT  to  create  the.    Board   of  Commissioners   of  Public 

Q round*  and  Buildings. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  the  Secretary  of  State,  the  Comptroller,  Treasurer 
and  the  Commissioner  of  the  Genera}  Land  office,  and  their  suc- 
cessors in  office,  bo.  and  they  are  hereby  constituted  a  Board  of 
Commissioners  of  Public  Ghfoundsand  Buildings ;  That  the  Sec- 
retary of.  State  shall  be  chairman  of  said  Board,  a  majority 
thereof  shall  be  a  quorum,  and  shall  decide  all  questions  which 
may  arise  in  their  meetings,  and  that  they  shall  keep  a  record 
of  all  their  proceedings. 

Sec.  2.  It  shall  be  the  d  ty  of  said  Board  to  supervise  all 
the  buildings  and  improvement  upon  the  capitol  square,  the 
Land  Otfice  and  Governor's  Mansion,  and  grounds  severally  con- 


36 

nected  therewith  ;  and  see  that  the  same  are  kept  in  good  order 
and  repair. 

Sec.  3.  Said  Board  shall  have  the  power  and  it  is  hereby 
made  their  duty  to  make  all  contracts  which  may  from  time  te» 
time  he  require  I,  and  to  employ  all  such  mechanics  and  other 
persons,  as  may  he  necessary  to  keep  said  grounds  and  buildings 
in  good  order  ;  to  disburse  all  appropriations  made  i\>r  this  pur- 
pose, by  the  Legislature  ;  to  contract  for,  and  superintend  all 
such  buildings  on  said  grounds,  as  may  be  ordered  to  be  erected 
by  the  Legislature,  and  to  superintend  the  boring  of  the  Arte- 
sian well,  and  the  laying  off  the  capitol  square  and  setting  out 
trees  thereon,  and  shall  have  power  to  sell  any  articles,  of  furni- 
ture and  other  personality,  in  their  charge,  which  may  become 
useless  to  the  State. 

Sec.  4.  The  capitol  square  and  buildings  and  improvements 
thereon,  except  the  Treasury  Department,  shall  be  under  the 
special  charge  of  the  Secretary  of  State  ;  the  Treasury  building 
under  the  special  charge  of  the  Treasurer  and  Comptroller  ;  the 
Land  Office  and  grounds,  under  the  special  charge  of  the  Com- 
missioner of  the  General  Land  Officn  ;  and  the  Governor's  Man- 
sion and  the  grounds  and  the  other  improvements  thereon,  nuclei* 
the  special,  charge  of  the  Governor,  and  the  office  of  the 
Attorney  General,  under  his  special  charge. 

Sec.  5.  Said  Board  shall  direct  and  control  the  investment 
of  all  appropriations,  made  by  the  Legislature,  for  the  pureliase 
of  books  for  the  State  Library,  and  shall  make  and  establish 
rules  and  regulations  for  the  management  of  the  Library,  and 
use  and  preservation  of  the  books. 

Sec.  G.     This  act  shall  take  effect  from  its  passage. 

Approved  February  2,  18G0. 


CHAPTER  41. 
AN  ACT  male  ing  an  appropriation  for   repairing  the   capital 

and  other  public  buildings, 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  Stt.te  of 
Texas,  That  the  sum  of  twelve  hundred  dollars  be  and  is  hereby 
appropriated,  out  of  any  money  in  the  Treasury,  not  otherwise 
appropriated  ;  and  the  same  be  placed  under  the  control  of  the 
Board  of  Commissioners  of  Public  Grounds  and  Buildings,  for 
the  purpose  of  repairing  the  capitol,  treasury  and   old  and  new 


37 


land  offices  and  the  fences  about  the  sains,  and  for  furnishing 
Lightning  rods  for  the  capitol,  and  other  public  buildings  placed 
under  their  charge  by  law. 

Sec.  2.     That  this  act  take  effect  from'its  passage. 

Approved  February  2,  1860. 


CHAPTER  42. 

AN  ACT  irialclncj  appropriations  to  defray  the  expense. of  the 
State   P<  ■:<(<  ntiary. 

Sectiou  I.  Be  tt  enacted  by  the  Legislature  of  the  Slate  of 
Texas,  That  the  following  sums  of  money  be  and  the  same  are 
hereof  appropriated,  out  of  any  monies  in  the  Treasury  of  the 
.state,  riot  otherwise  appropriated,  to-wit  : 

"  The  sum  of  twenty-seven  thousand  dollars  for  the  purchase 
of  madhinery  for  the  use  of  the  State  Penitentiary.  Provided 
that  in  said  purchase,  under  this  appropriation,  shall  be  inclu- 
ded the  machinery  now  in  use,  procured  by  the  late  financial 
•.  and  the  disbursing  oflicerof  said  appropriation  is  hereby 
directed  to  use  so  much  of  the  same  as  is  necessary  to  pay  for  said 
machine," 

Tnesum  of  live  thousand,  two  hundred  and  twenty-three  dol- 
lars, to  pay  the  liabilities  incurred  and  unpaid,  for  the  transpor- 
tation of  convicts 'to  thd  State  Penitentiary,  during  the  years 
1858  and  1859,  and  the  sum  of  fifteen  thousand  dollars,  for  the 
payment  of  similar  service  for  the  ensuing  twb  years. 

The  sum  of  fifty  thousand  dollars,  for  the  purchasing  of  cot- 
ten,  wool,  provisions  ami  ether  incidental  expenses  of  said  Peni- 
tentiary, for  the  years  A  .  I).  lSh'O  and  1361.  Provided,  that 
thirty-live  thousand  dollars  of  this  sum  shall  be  expended  out  of 
the  income  derived  from  the  sales  of  articles  manufactured  in 
the  Penitentiary. 

Sec.  2.     That  this  act  take  effect  and  be  in   force   from  and 

r  its  passage. 
Approve/]  February  3,  1SG0. 


38 

CHAPTER  43. 

AN  ACT  making  appropriations  for  the  protection  of  the  fron- 
tier. 

Section  1.  Be  it  enacted  bij  the  Legislature  of  the  State  of 
Texas,  That  the  sum  of  three  hundred  thousand  dollars,  or  so 
much  thereof  as  may  be  necessary,  out  of  any  money  in  the 
Treasury,  not  otherwise  appropriated,  be  and  the  same  is  hereby 
appropriated  for  the  pay  and  subsistence  of  the  force  which  has 
been,  or  may  be  called  into  the  service  by  the  Governor,  for  the 
protection  of  the  frontier  :  Provided  that  only  so  much  of  said 
appropriation  shall  be  drawn  from  the  Treasury  from  time  to 
time  as  can  be  so  drawn  without  leaving  a  deficit  in  the  amount 
required  of  the  current  revenue  from  time  to  time  to  pay  the 
ordinary  current  expenses  of  the  Government. 

Sec.  2.  That  in  case  the  Governor  shall  find  that  there  is 
not  money  enough  in  the  Treasury  to  meet  the  foregoing  appro- 
priation fully  as  the  same  may  be  needed  from  time  to  time,  or 
that  the  amount  of  said  appropriation  is  not  sufficient  to  carry 
out  the  provisions  of  the  act  for  the  protection  of  the  frontier,, 
then,  in  either  event,  he  shall  cause  only  such  payments  to 
be  made  in  cash,  as  cannot  be  contracted  for  otherwise  ;  and 
whenever  payments  are  to  be  made  upon  contracts  or  for  ser- 
vices, under  said  act,  which  are  not  necessary  cash  demands,, 
such  payments  shall  be  made  pro  rata.  It  is  provided,  howev- 
er, that  the  indebtedness  created  under  this  section,  shall  at  no 
time  exceed  the  sum  of  two  hundred  thousand  dollars.  The 
Comptroller  of  Public  Accounts,  shall,  under  the  special  direc- 
tion of  the  Governor,  audit  and  adjust  all  claims  and  accounts 
created  under  the  provisions  of  this  section,  and  certify  such 
adjustment  to  the  party  interested  ;  and  such  accounts  shall  be 
paid  as  may  hereafter  be  provided  by  law. 

Sec.  3.  That  this  act  shall  take  effect  from  and  after  its 
passage. 

Approved  February  3,  I860. 


CHAPTER  44. 

AN  ACT  concerning  common  carriers  and  defining   their  lia- 
bilities in  certain  cases. 


30 

Section  1,     Be  it  enacted  by  the  Legislature  of  the  State  of 

Texas,  That  common  carriers  of  goods,  for  hire,  within  this 
State,  on  land  or  in  boats,  or  vessels,  on  the  waters  entirely 
witjhra  the  body  of  this  State  shall  not  limit  or  restrict  their 
liability,  as  it  exists  at  common  law,  by  any  gbheral  or  actual 
notice,  nor  by  mscrxing  exceptions  in  the  bill  of  lading1,  or  meitior- 
amlnm  given  upon  the  receipt  of  the  goods  tor  transportation, 
nor  in  any  other  manner,  except  by  special  agreement  between 
the  carrier  and  shipper,  reduced  to  writing  and  signed  by  the 
parties  or  their  agents. 

Sec.  2.  Upon  the  tender  6t  the  legal  or  customary  rates  oi 
freight,  on  goods  offered  for  transportation,  to  a  common  carrier 
whatever,  such  carrier  shall  receive  and  transport,  such  goods. 
provided  his  vehicle  or  vessel  has  capacity,  safeh  to  carry  the 
goods  so  offered.  o]\  the  trip  or  voyage  then  pending,  and  such 
goods  are-  of  the  kind  usually  carried  upon  such  vehicle  or  vessel. 
and  are  offered  at  a  reasonable  time.  Any  common  carrier 
refusing  to  transport  goods,  as  above  provided,  taking  in  the  same 
in  the  order  presented,  shall  be  liable,  to  the  party  injured,  for 
all  damages  sustained  by  reason  of  his  refusal,  and  shall  also  he 
liable  toa  penalty  of  not  less  than  five  nor  more  than  live  hun- 
dred dollars,  to  be  recovered,  in  each  case,  by  the  owner  of  the 
goods,  in  any  Court  having  jurisdiction,  in  the  county  where  the 
wrongis  done,  or  where  the  common  earner  resides. 

See.  3.  Common  carriers  are  required,  when  they  receive 
goods  for  transportation,  to  give  to  the  shipper,  when  it  is 
demanded,  a  hill  of  lading,  or  mem  wandum  in  writing,  st  ating  the 
quantity,  character,  order  and  condition  of  the  goods  ;  and  such 
goods  shall  bedelivered,  in  the  manner  ptovidedkby  common  law. 
in  like  order  and  condition  t  >  the  lonsignee,  the  unavoidable  wear 
and  tear  and  deterioration  in  due  course  of  transportation,  onlj 
excepted  ;  an  1  in  case  such  Common  carriers  shall  fail  to  deliver 
goods  as  above,  required,  they  shall  be  liable,  to  the  party 
injured,  for  his  damages,  as  at  common  law  :  and  in  case  of  their 
refusal  to  execute  and  deliver  a,  bill  of  lading  or  memorandum 
in  writing,  as  above  required,  they  shall  be  liable  toa  penalty 
of  not  less  than  five  nor  more  than  live  hundred  dollars,  to  be 
recovered  as  in  the  preceding  section  of  this  act. 

See.  4.     Railroad  *  Companies,   and   other   common   carriers. 

having  depot8  or  Warehouses  f"r  Storing    goods,  shall  be  liable  as 

warehousemen  are  at  common  law,  for  goods,  atid  theoareof  the 

same,  stored  in  such  depots  or  warehouses  before  the  commence- 
ment >4'  the  trip  or  voyage  on  which  said  goods  are  to  he  trans- 
ported :  hut  shall  be  liabl  anion  carriers,  from    tne  c 


40 

mencement  of  the  trip  or  voyage,  until  the  goods  are  delivered 
to  the  consignee  at  the  point  of  destination.  If  the  carrier  at 
the  point  of  destination,  shall  use  due  diligence  to  notify  the  con- 
signee, and  the  goods  are  not  taken  by  the  consignee,  and  have, 
in  consequence,  to  be  stored  in  the  depots  or  warehouses  of  the 
common  carriers,  they  shall,  thereafter,  only  be  liable  as  ware- 
housemen. It  is  also  provided  that  where  common  carriers 
receive  goods,  for  transportation,  into  their  warehouses  or  depots, 
they  shall  forward  them  in  the  order  in  which  they  are  received, 
the  first  received  to  be  first  forwarded, without  giving  the  preference 
to  one  over  another,  and  in  case  they  shall  fail  to  do  so,  they 
shall  be  liable,  absolutely,  for  all  losses  occurring  while  the  goods 
remain,  and  for  all  damages  "occasioned  or  in  any  wise  resulting 
from  the  delay  :  Provided  that  the  trip  or  voyage  shall  be  con- 
sidered as  having  commenced  from  the  time  of  the  signing  of  the 
bill  of  lacling,  ami  the  liability  of  the  common  carrier  shall 
attach,  as  at  common  law,  from  and  after  such  signing. 
Approved  February  4,  18G0. 


CHAPTER   45. 

AN  ACT  to  apportion  the  State  into  Senatorial  and  Represen- 
tative Districts. 

Section  I.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  the^State  of  Texas  shall  be  divided  into  thirty- 
three  Senatorial  Districts,  which  shall  be  severally  entitled  to 
one  Senator,  and  formed  as  follows,  to-wit  : 

No.  1.  The  counties  of  Galveston,  Liberty,  Jefferson  and 
Chambers. 

No.  2.  The  counties  of  Polk,  Tyler,  Jasper,  Newton,  Orange 
and  Hardin. 

No.  3.  The  counties  of  Angelina,  Nacogdoches  and  San 
Augustine. 

No.  4.     The  counties  of  Sabine,  Shelby  aud  Panola. 

No.  5.     The  county  of  Rusk. 

No.  6.     The  counties  of  Harrison  and  Upshur. 

No.  7.     The  counties  of  Cass  and  Bowie. 

No.  8.     The  counties  of  Titus  and  Red  River. 

No.  9.     The  counties  of  Lamar  and  Hopkins. 

No.  10.     The  county  of  Cherokee. 


41 

No.  11.     The  counties  of  Hon.? ton,  Anderson  ami  Trinity. 

No.   12.     The  counties  of  Wood,  Smith  and  Van  Zandt. 

No.   13.     The  counties  of  Kaufman,  Dallas  and  Henderson. 

No.   14.     The  counties  ot  Fannin  and  Hunt. 

No.   15.      The  eouutms  <>f  (Jrayson    and  Collin. 

No.   16.     The  counties  of  {irajEoria,  Fort  Bond  and  Harris. 

No.  17.     The  counties  of  Montgomery,  Grimes   ami  Walker. 

No.  IS.  The  counties  of  Madison,  Leon,  Robertson,; Brazos 
and   Burleson. 

No.  11).  The  counties  of  Limestone,  freestone,  Navarro  and 
Ellis. 

No.  20.  The  counties  of  Johnson,  Tarrant,  Erath,  Parker 
and  Palo  Pinto. 

No.  21,  The  counties  <»f  Qeoke,  Den.tpn,  Wise,  Montague, 
Jack,  Youne;,  Qlay,  Wichita.  Arclicr,  Wilbarger,  Baylor. 
Throckmorton,  Hardeman,  fvnox,  Haskell;  Buchanan,  Shackle- 
ford  and  Jones. 

No.  22.  The  counties  of  Matagorda,  Wharton,  Colorado 
and  Fayette. 

No.   2'.).     Theeountiis  of  Austin  and    Washington. 

No.  24.  The  counties  o(  Calhoun,  "Jackson,  Victoria,  Hewitt 
and  Lavaca, 

No.  25.  The  counties  of  Gonzales,  Gaudalupe  and  Cald- 
well. 

No.  26.     The  counties  of  Bastrop,  Travis  and  Hays. 

No.  27.  The  counties  of  Milam,  Williaitison,  Burnett,  Bell 
and  Lampasas.  . 

No.  28.  The  counties  ot  Falls.  Coryell.  McLennan,  Bosque, 
Comanche,  Brown.  Hamilton,  Eastland,  Callahan,  Coleman, 
Taylor,  Runnels  and  Hill. 

No.  2:».  The  counti,  s  of  Refuajio,  San  Patricio.  Nueces, 
Goliad,  Bee,  Live  Oak,  Karnes,  McMullen,  La  Salle  and  Dimmit. 

No.  30.     The  county  of  Bexar. 

No.  31.     The  counties   of  Blanco,   Comal,    Bandera,    Kerr, 
Gillespie,  Llano.  San  Saba,  Medina;  Uvalde,  McCulLotigh,  Con- 
.  JVIason,  Menard,  Kimblo,  Edwards,  Dawson,  Kinney.  Mav- 
erick, Atascosa,  Frio  and  Xavaila. 

No.  .*J2.  The  counties  oi'  Canjierqn,  Hidalgo,  Starr,  Zapata, 
Weld),  Encina)  and    Duval. 

No.   33.   The  counties  of  El   Paso   and  Presidio. 

Section  2.  The  Chief  Jnstice  pf' Galveston  county  shall 
receive  the  returns  and  give  the  certificate  of  election  to  the  Sen- 
ator  elect  of  the  first  Senatorial  District. 

The  chief  justice  of  Tyler  of  the  second  district. 


42 

The  chief  justice  of  Nacogdoches  of  the  third  district. 

The  chief  justice  of  Shelby  of  the  fourth  district. 

The  chief  justice  of  Harrison  of  the  sixth  district. 

The  chief  justice  of  Cass  of  the  seventh  district. 

The  chief  justice  of  Red  River  of  the  eighth  district. 

The  chief  justice  of  Hopkins  of  the  ninth  district. 

The  chief  justice  of  Cherokee  of  the  tenth  district. 

The  chief  justice  of  Houston  of  the  eleventh  district. 

The  chief  justice  of  Smith  of  the  twelfth  district. 

The  chief  justice  of  Kaufman  of  the  thirteenth  district. 

The  chief  justice  of  Fannin  of  the  fourteenth  district. 

The  chief  justice  of  Collin  of  the  fifteenth  district. 

The  chief  justice  of  H  mis  of  the  sixteenth  district. 

The  chief  justice  of  Grimes  of  the  seventeenth  district. 

The  chief  justice  of  Robertson  of  the  eighteenth  district. 

The  chief  justice  of  Limestone  of  the  nineteenth  district. 

The  chief  justice  of  Tarrant  of  the  twentieth  district. 

The  chief  justice  of  Wise  of  the  twenty-first  district. 

The  chief  justice  of  Colorado  of  the  twenty-second  district. 

The  chief  justice  of  Washington  of  the  twenty-third  district. 

The  chief  justice  of  Victoria  of  the  twenty-fourth  district. 

The  chief  justice  of  Gonzales  of  the  twenty-fifth  district. 

The  chief  justice  of  Travis  of  the  twenty-sixth  district. 

The  chief  justice  of  Williamson  of  the  twenty-seventh  district. 

The  chief  justice  of  McClennan  of  the  twenty-eighth  district. 

The  chiet  justice  of  Goliad  of  the  twenty-ninth  district; 

The  chief  justice  of  Gillespie  of  the  thirty-first  district. 

The  chief  justice  of  Cameron  of  the  thirty-second  district. 

The  chief  justice  of  El  Paso  of  the  thirty-third  district. 

Section  3.  The  State  shall  be  divided  into  Representative 
Districts,  and  the  counties  and  representation  districts  shall  elect 
members  of  the  House  of  Representatives  as  follows,  to- wit : 

No.  1.  The  counties  of  Jefferson,  Chambers,  Liberty  and  Or- 
ange shall  elect  one  Representative. 

No.  2.  The  counties  of  Liberty  and  Polk  one  Representative. 

No.  3.  The  counties  of  Tyler  and  Hardin  one  Representative. 

No.  4.  The  counties  of  Jasper  and  Newton  one  Representative. 

No.  5.  The  counties  of  San  Augustine  and  Sabine  one  Repre- 
sentative. 

No.  6.  The  county  of  Shelby  one  Representative. 

No.  7.     The  county  of  Nacogdoches  one  Representative. 

No.  8.  The  counties  of  Nacogdoches  and  Angelina  one-  Rep- 
resentative. 

No.  9.     Houston  county  one  Representative. 

No.  10.    Anderson  county  one  Representative, 


No.   11.  The  counties  of  Trinity,  Houston  and  Anderson   one 
Re  present  a  tire. 

No.   12.  The  county  of  Cherokee  two  Representatives; 

No.  13.  The  count yof  Husk  two  Representatives. 

No.  14.  Panola  county  one  Representative. 

No.   15.  Harrison  county  on.'  Representative. 

No.  16.  The  counties  of   Harrison  and  Panola  one  Ripresi  n- 
tative. 

No.    17.  Smith  county  two  Representatives. 

No.  18.  Cass  county  one  Representative. 

No.   19.  Titus  county  one  Representative. 

No.  20.  The  counties  of  Cass.  Titus  and  Bowie  two    Repre- 
sentatives. 

N  '.  21.  Upshur  county  two  Representatives. 

No.  22.  Ren  River  county  one  Representative; 

No.  23.  Lamar  county  one  Representative. 

No.  24.  Hopkins  count)  one  Representative. 

No.  25.  The  counties  of  Lamar  and  Hopkins  one  Representa- 
tive. 

No.  26.  Wood  county  one  Representative. 

No.  27.  The  counties  of  Van  Zand!,  Kaufman  and  Henderson 
two  Representatives. 

No.  28.  Hunt  county  one  Representative. 

No.  29.  Fannin  county  one  Representative. 

No.  30.  The   counties  of  Fannin  and  Hunt  one  Representa- 
tive. 

No.  31.  (Travson  county  one  Representative. 

No.  32.  Collin  county  one  Representative. 

No.  33.  The  counties  of  Collin  and  GrayseftJ  one  Representa- 
tive. 

No.  34.  G-alveston  county  one  Representative. 

No.  3.">.  The  counties  of  Galve.-ton  and  Brazoria  one  Repre- 
sentative. 

No.   36.  Harris  county  two  i  lativos. 

No.  37.  The  (»un ties  of  Montgomery,  Grimesand  Bragos  two 
Representatives. 

No.  38.  Walker  county  one  Re]  ve. 

No.  39.  The  cOuntiei   if   Leon  and  Madison  one  Representa- 
tive. 

•   4<).  The  counties  of  Freestone)  Limestone  and  Falls  1 
Represen  atives, 

N  ».  41.  The   counties  of  Navarro  and  Hill   one  Kepreserrta 

tive. 

No.  42.  The  counties  ofEllis,  Johnson  and  Parker  two  R 


44 

No.  43.  Tarrant  county  one  Representative. 
No.  44.  Dallas  county  two  Representatives. 
No.  45.  Denton  county  one  Representative. 
No.  46.  The  counties  of  Cook,  Montague,  Wise,  J  >ck,  Young, 
Clay,  Wichita,  Archer,  Wilbarger,  Baylor,  Throckmorton,  Har- 
deman, Knox  and  Haskell  one  Representative. 

No.  47.  The  counties  of  Matagorda,  Wharton  and  Fort  Bend 
one  Representative! 

No.  48.  Austin  county  one  Representative. 
No.  49.  Colorado  county  one  Representative. 
No.  50.  Fayette  county  one  Representative. 
No.  61.  Washington  county  one  Representative; 
No.  52.  The  counties  of  Washington  and  Fayette  one  Repre- 
sentative. 

No.  53.  The  counties  of  Burleson  and  Robertson  one  Repre- 
sentative. 

No.  54.  Bastrop  county  one  Representative. 
No.  55.  Travis  county  one  Representative. 
No.  56.  The  counties  of  Travis  and   Williamson  one   Repre- 
sentative. 

No.  57.  The  counties  of  Williamson  and  Milam  one  Repre- 
sentative. 

No.  58.  The  counties  of  Caldwell,  Hays  and  Blanco  one  Rep- 
resentative. 

No.  59.  The  counties  of  Bell  and  Lampasas  o.ie  Representa- 
tive. 

No.  GO.  The  counties  of  McClennan  and  Bosque  one  Repre- 
sentative. 

No.  61.  The  counties  of  Coryell,  Hamilton,  Comanche,  Erath, 
Brown.  Palo  Pinto,  Buchanan,  Eastland,  Shackleford,  Callahan, 
Coleman,  Jones,  Taylor,  and  Runnels  one  Representative. 

No.  62.  The  counties  of  Calhoun,  Victoria,  Jackson  and  De- 
witt  two  Representatives. 

No.  63.  Lavaca  county  one  Representative. 
No.  64.  Gonzales  county  on-  Representative. 
No.  65.  G-uadalupe  county  one  Representative. 
No.  66.  Comal  county  one  Representative. 
No.  67.  The  counties  of   Gillespie,   Kerr,   Bandera,   Mason, 
Menard,  Kimble  and  Edwards  one  fclepresentative. 

No.  OS.  The  counties  of  Btiriiet,  Llano,  San  Saba,  McCullocli 
and  Concho  one  Representative. 

No.  69.  The  counties  of  Goliad,  Refugio  and  San  Patricio  one 
Repr.  sentative. 

No.  70.  The  counties  of  Karnes,  Bee,   Live   Oak,  Atascosa^ 


^Mullen,  Frfp,  LaSalle,  Zayajla  and  Dimmit   one  Reprewhta- 

No.  71.  Bexar  county  two  Representatives 

Ma  7:2    The  counties  of  Bexar,  Medina,  Uvalde,' Dawson,  Ein- 
ney.-and  Maverick  one  representative,, 

No.  73.  Cameron  county  one  Representative 
ta'tfve  74"  Tl!ct:ollnlK's,,n;aM1"i"^ll"i  Hidalgo  omKepresen- 

No.   75    tyfeWHOtia  of  Starr  ,nd  ZKp%ta  oi»*  -prrsontativo. 
-No.   Hi.   £he  counties  oi  Webb,     Nueces,  Duval  and  Kncinal 
one  Representative. 
No.  77.  The  counties  of.EU  ?m  and   Prewdio-o&e  Bepresen- 

Section  4   In  thrsrvral  RepreseiifcatiTe  distripts,  composed 

of  more  counties  than  one,  tl hief  justices  of  the  following 

»«»pl^'"»h^  ^'"  '—  *•  r.  .ur.s  and  give  the  certificated 
o  oLaetion  to  the  person  resjpectivqly  receiving  the  highest  uuni- 
L>ei  oi  votes,  to-wif  ;  ° 

The  chief  justice  of  Liberty  county    fop  the    first   and  second 
uiBCncts. 

The  chief  justice  pf Tyler  county  for  die  third  district 
lhe  chiet  justice  oi  Jasper  county  for  the  fourth  district 
lhe  chief  justice  of  San  Augustine  county  for  the  fifth  district. 
lhe  chef  justice  of  Nacogdoches  couiity  for  the  eighth  district, 
lhe  chief  justice  of  Houston  county  for  the  eleventh  district, 
lhe  chief  justice  of  Harrwon  county;  for  the  sixteenth  district, 
lhe  chief  justice  of  Cass  county  for  the  twentieth  district, 
trict  ™      IJ,,l,ki,lb  connt.v  for  tllu  twenty-filth  dis- 

The  chief  justice  of  Van  Zand*  county  for  the  twenty-seventh 

The  chief  justice  of  Fannin  county  for  the  thirtieth  district. 
lhe  chief  justice  of  Collin  county  tor  the  thirty-third  district. 

tric*t      chiefJU8tlce  Ot  Galveston  county  for  the    thirty-tilth  dis- 

^  The  chief  justice  of  Grimes  county  for   the  thirty-seventh  dis- 

The  chief  justice  of  Leon  county  tor  the  thirty-ninth  district. 
lhe  chief  justice  of  Limestone- county  for  the  fortieth  district. 
lhe  chief  justice  of  Navarro  county  for  the  lortv-tirst  district. 
trict     e'li(,t«,ustK'e  ol  JohQson  county  for  the  forty-second  dis- 

The  chief  justice  of  Wise  county  for  t]^  forty-sixth  district. 
^The  chief  justice  oi  \\  harton  county  forthe  Forty  seventh  dis- 


46 

The  chief  justice  of  Washington   county   forthe   fifty-second 
district. 

The  chief  justice  of  Robertson  county  for  the  fifty-third   dis- 
trict, 

The  chief  justice  of  Williamson  county  for  the  fifty-sixth  and 
fifty-seventh  districts. 

The  chief  justice  of  Caldwell  county  for  the    fifty-eighth  dis- 
trict. 

The  chief  justice  of  Bell  county  for  the  fifty-ninth  district. 

The  chief  justice  of  McClennan  county  for  the  sixtieth  district. 

The  chief  justice  of  Comanche  county  for  the  sixty-first  district. 

The  chief  justice  of  Victoria  county  for  the   sixty-second  dis- 
trict. 

The  chief  justice  of  Gillespie  county  for  the  sixty-seventh  dis- 
trict. 

The  chief  justice  of  Burnet  county  for  the  sixty-eighth  district. 

The  chief  justice  of  Goliad  county  for  the  sixty-ninth  district. 

The  chief  justice  of  Karnes  county  for  the  seventieth   district. 

The  chief  justice  of  BeXar  county  for  the  seventy-second  dis- 
trict. 

The  chief  justice  of  Cameron  county  for   the   seventy-tourth 
district, 

The  chief  justice  of  Starr  county  for  the  seventy-fifth  district. 

The  chief  justice  of  Nueces  county  for   the  seventy-sixth  dis- 
trict. 

The  chief  justice  of  El  Puso   county  for   the  seventy-seventh 
district, 

Section  5.  "  In   all    Senatorial  or   Representative   districts 
composed  of  but  one   county,  the   chief  justice  of  that   county 
shall  receive  the  election  returns  and  give   the  certificate  of  elec- 
tion to  the  Senator  or  Representative  elected." 
.  Passed  February  6th,  1860. 


CHAPTER  40. 


ANACTjorihcappomtment   of  Public    U'tighcrs,    and  pre 

scribing  their  duties  and  liabilities. 

Section  1.     Be  it  enacted  by  the  Legislature  of  the   State  of 
Texas,  That  the  Mayor  of  every  incorporated  city   or    town  in 


47 

tliis  State,  with  the  advice  and  consent  of  the  Common  Council 
or  Board  of  Aldermen,  shall  haw  power  to  appoint  wherever  it 
is  required  by,  the  public  convenience  or  the  amount  of  trade,  a 
sufficient  number  of  competent  persons,  not  exceeding  six  in 
number,  as  Public  Weighers,  who  shall  hold  office  for  one  year, 
unless  soonsr  dismissed  for  incompetence  or  neglect  or  abuse  in 
office. 

Sec.  2.  Every  Public  Weigher  shall,  on  his  appointment, 
file  in  the  Mayor's  office,  a  bond  in  the  sum  of  one  thousand 
dollars,  to  be  approved  by  the  Mayor,  conditioned  for  the  faith- 
ful discharge  of  his  duties  as  Public  Weigher,  and  he  shall  also 
take  an  oath  before  said  Mayor,  faithfully  to  execute  the  duties 
of  his  office,  to  weigh  fairly  all  cotton,  sugar  or  other  goods 
which  he  may  be  called  Upon  to  Weigh,  and  make  due  returns 
of  the  same. 

Sec.  3.  The  Public  Weigher  shall  have  no  power  to  appoint 
deputies. 

SEC.  4.  He  shall  keep  and  use  only  accurate  standard  scale 
ballances  and  weights,  lie  shall  Weigh  all  cotton,  sugar,  pro- 
duce or  merchandize,  which  he  may  be  called  to  weigh,  fairly 
and  impartially,  with  an  even  beam,  and  without  any  deduction 
whatever  for  tare,  ami  shall  mark  on  each,  plainly,  with  ink.  the 
exact  weight,  with  his  initials,  jffe  shall  give  a  certificate  of  the 
Weighing  thereof,  with  the  marks,  numbers  and  weight  of  each 
article  weighed,  and  the  order  and  condition  in  which  it  is,  and 
estimate  the  deduction  to  which  the  same  should  be  subject  i;i 
reducing  the  weight  to  nett  Weight,  and  stating  from  what 
causes.  He  shall  keep  an  exact  re.ord  of  all  weighing  done  by 
him,  with  the  same  particularity  as  required  in  his  certificate  of 
weights,  which  record  shall  be  at  all  times  open  to  the  inspec- 
tion of  any  one  interested,  and  he  shall  deposite  the  same  in  the 
Mayors  office  on  the  expiration  of  his  term  of  office. 

Sec.  o,  Any  Public  Weigher  who  neglects  the  performance 
of  his  duties  as  prescribed  in  the  preceding  section,  shah  on, 
complaint  to  the  May  or  j(  be  dismissed  by  him  from  office,  and 
cannot  be  re-appointed. 

&EC,  <i.  The  Public  Weigher  shall  be  allowed  for  each  hale, 
hogshead,  1  arrel,  box  or  package  weighed,  or  other  weighing  by 
him.  such  charge  as  maybe  regulated  by  the  Cejrporatipn  of  the 
town  or  city,  or  may  bq  agreed  upon  with  the  person  for  wfrpru 
he  weighs,  not,,  however,  to  eXCped  eight  cents  pi  r  bale  fol  Cl  t« 
ton,  and  fiitycen  taper  hogBhead  for  sugar,  to  be  paid  to  him 
when  lie  delivers  the  certificate  or  memorandum  of  weighing,  in 


4S 

accordance  with  the  provisions  of  this  act  and  not  before,  and  he 
may  retain  the  thing  weighed  until  he  is  paid. 

Sec.  7.  Nothing"  in  this  act  shall  be  construed  to  prohibit 
any  one  from  employing  one  not  a  Public  Weigher  to  weigh  cot- 
ton, sugar,  produce  or  merchandize. 

BticV'.S:  The  act  passed  1st  September,  1856,  entitled  an 
act  creating  the  office  of  weigher  of  cotton  for  certain  ports  in 
this  State,  is  hereby  repealed. 

Approved  February  7,  18(30. 


CHAPTER  47. 

AN  ACT  to  reorganize  the  court  of  claims,  and  to   extend  the 

time,  for  the  presentation  of  claims  for  landagainst  tlie  Republic 

or  State  of  Texas. 

Section  1,  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  there  shall  be  elected  by  a  joint  vote  of  the  Legis- 
lature, a  Commissioner  of  Claims,  who  shall  hold  his  office  until 
the  first  day  of  January,  18(32.  He  shall  keep  his  office  at  the 
City  of  Austin,  and  shall  receive  an  annual  salary  of  two  thou- 
sand dollars.  Before  he  enters  upon  the  discharge  of  the  duties 
of  his  office,  he  shall  enter  into  bond,  with  two  or  more  good 
and  sufficient  sureties,  in  the  sum  of  twenty  thousand  dollars, 
made  payable  to  the  Governor  of  the  State  of  Texas,  and  his 
successors  in  )ffice,conditionedthathe  will  well  and  truly  discharge 
all  the  duties  required  of  him  by  law,  which  bond  shall  be  ap- 
proved by  the  Governor,  and  by  him  filed  in  the  office  of  the 
Secretary  of  State.  He  shall  be  allowed  one  Chief  Clerk,  to  be 
anpointed  by  him,  who  shall  receive  an  annual  salary  of  twelve 
hundred  dollars  ;  and  who,  in  case  of  the  sickness  or  absence  of 
said  Commissioner,  shall  perform  his  duties.  If  from  any  cause 
a  vacancy  shall  occur  in  said  office  of  Commissioner  of  Claims, 
during  the  recess  of  the  Legislature,  the  Governor  shall  fill  the 
same  by  appointment. 

Skc.  2.  After  he  has  complied  with  the  preceeding  section  of 
this  act,  and  entered  upon  the  discharge  of  the  duties  of  his  of- 
fice, the  Comptroller  shall  turn  over  to  him  all  the  books,  papers 
and  archives  then  pertaining  to  the  duties  of  his  office,  that 
were  delivered  to  him  by  the  former  Commissioner  of  Claims  on 


49 

the  1st  September,  18/59  ;  after  which  lie  shall  perform  all  acts 
required  by  law  of  the  Comptroller,  acting  Commissioner  of 
Claim©  not  otherwise  provided  for. 

Sec.  3.  Any  person,  hie  heirs  of  assigns,  entitled  to  a  head- 
right  under  the  colonization  laws  of  Cosihuila  and  Texas,  or 
under  any  law  enacted  by  the  Congress  of  the  Republic  of  Texas, 
whose  right  was  and  is  recognized  by  the  Constitution  of  the 
Republic  or  State  of  Texas,  who  has  not  heretofore  received  a 
valid  grant,  certificate  or  patent,  in  virtue  of  said  claim,  may 
apply  to  the  Commissioner  of  Claims,  under  the  regulations  pre- 
scribed in  this  act,  at  any  lime,  before  the  first  day  of  June, 
1861, and il  entitled,  received  certificate  therefor. 

No  person  is  entitled  to  apply  under  the  3d  section  of  this  act, 
unless  the  individual,  in  whose  right  the  claim  is  made,  was  dom- 
iciled and  resided,  continuously,  in  Texas  and  the  Republic  of 
Texas,  from  their  birth  or  the  time  of  their  emigration,  to  the 
time  ot  the  application,  except  in  eases  when  the  individual  in 
whose  right  the  claim  is  made,  domiciled  and  resided  continu- 
ously, as  aforesaid,  may  have  died  before  or  since  the  first  day  of 
January,  eighteen  hundred  and  forty-six.  The  party  applying 
shall  prove  the  existence  of  every  fact  necessary  under  the  laws 
giving  the  right  to  establish  the  justice  of  the  claim,  and  shall 
comply   with  the  requirements  and  provisions  of  this  act. 

Applications  for  certificates  shall  first  be  presented  in  writing, 
in  openoourt,  either  district  or  county  court,  at  some  regular  term. 
The  application  must  state  the  name  of  the  individual  in  whose 
right  the  claim  is  made,  whether  he  was  a  citizen,  born  in  Texas 
or  an  emigrant.  If  an  emigrant,  the  time  of  his  or  her  emigra- 
tion, the  time,  place  and  county  of  his  first  fixed  resilience,  the 
county  or  counties  where  such  emigrant  has  resided,  up  to  the 
time  of  making  the  application,  or  until  the  time  of  his  death, 
if  such  emigrant  has  departed  this  life  ;  whether  such  emigrant 
was  married  or  single,  if  married,  whether  the  family  of  such 
emigrant  came  with  him,  or  whether  they  subsequently  came  to 
the  country  and  when  ;  if  such  emigrant  was  married  subse- 
quently to  his  emigration,  the  application  shall  state  when, 
where  and  to  whom  he  was  married.  If  the  individual  in  whose 
right  the  claim  is  made,  was  a  permanent  citizen  of  the  Repub- 
lic of  Texas,  on  the  fourth  day  of  January,  1839,  claiming, 
under  the  2d  section  of  an  act  of  that  date,  the  application 
Bhall  state  the  date  or  time  of  the  birth,  or  the  age  of  the  indi- 
vidual in  whose  right  the  claim  is  made,  the  county  or  place  of 
his  fixed  domicil  on  the  4th  January,  1839,  the  county  or  coun- 
in  which  such  individual  resided  up  <o  the  first  January, 
D 


50 

1846.  If  the  party  be  dead,  the  county  where  and  time  when 
he  died.  The  application  shall  state  that  the  party  in  whose 
right  the  claim  is  made,  was  domiciled  and  resided  continuously 
in  Texas,  from  the  date  of  his  emigration  to  the  time  of  the 
application  or  to  the  time  of  his  death,  and  that  no  valid  title, 
patent,  certificate  or  warrant'has  ever  been  issued  in  virtue  of 
said  claim,  and  that  the  claim  is  a  just  and  subsisting  claim,  in 
favor  of  the  applicant,  said  application  shall  be  signed  by  appli- 
cant and  sworn  to  in  open  Court. 

The  testimony  of  witnesses  to  establish  any  claims  under  the 
provisions  of  this  act,  shall  be  oral,  delivered  in  open  Court, 
either  district  or  county  court,  where  the  application  is  made  or 
where  the  witness  resides  at  any  regular  term,  which  shall  be 
reduced  to  writing  by  the  Clerk.  In  addition  to  the  facts  neces- 
sary to  establish  the  justice  of  the  claim,  the  witness  must  state 
the  county,  town  or  city  where  he  (witnes-s)  resided  at  the  time 
oi  the  emigration  or  accrual  of  the  right  of  the  party 
in  whose  right  the  claim  is  made,  concerning  which  he  tes- 
tifies, facts  showing  his  means  of  knowing  the  party  in  whose 
right  the  claim  is  made,  the  county  or  counties,  where  he  has 
resided  since  his  first  knowledge  or  the  emigration  of  such  party, 
the  names  of  prominent  citizens  of  the  several  counties  of  his 
residence  with  whom  he  is  or  was  acquainted.  The  witnesses 
shall  be  examined  severally  and  not  in  the  hearing  of  each  other. 

The  application  must  be  filed  in  the  county  where  the  appli- 
cant resides,. and  the  testimony  may  be  taken  there  or  in  the 
county  or  counties  where  the  several  witnesses  may  reside.  The 
judges,  presiding,  shall  certify  that  the  application  was  sworn  to 
in  open  Court,  and  that  the  evidence  of  the  witness  or  witnesses, 
was  given  orally  in  open  Court,  and  reduced  to  writing  by  the 
Clerk,  that  the  same  was  signed  by  the  witness,  and  sworn  to  in 
open  Court,  and  that  the  witness  is  a  credible  person  ;  that 
when  the  Court  so  certifies,  the  clerk  of  the  court,  wherein  the 
proceeding  is  had,  shall  record  the  application  and  the  statement 
of  the  witnesses,  in  a  book  to  be  kept  by  him  for  that  purpose, 
to  be  a  record  in  his  office.  That  so  soon  as  the  application  and 
testimony  is  so  recorded,  the  clerk  shall  seal  up  the  same,  and 
forward  it,  post  paid,  to  the  Court  of  Claims  at  Austin,  for 
which  service  the  clerk  shall  be  entitled  to  a  fee  of  two  dollars 
in  addition  to  the  usual  recording  fee,  to  be  paid  by  the  appli- 
cant. When  the  Commissioner  of  Claims  shall  receive  any  such 
package,  he  shall  docket  the  claims  in  a  book,  to  be  kept  for 
that  purpose,  place  the  papers  in  proper  order,  and  refer  it  to 
the  Board  created  by  this  act. 


31 

$20,  4.  That  all  applications  so  filed,  before  any  furthci 
ftqtion  shall  be  taken  on  the  cl  iim.  the  applicant  shall  pay  into 
the  hands  of  t^te; Commissioner  of  Claims,  two  dollars  and  fifty 
■  •cuts,  fur  the  use  of  the  State,  I'ov  examination  of  each  claim. — 
That  when  the  application  is  so  tiled,  and  the  said  sum  so  paid, 
it  shall  he  referred  to  the  Commissioner  of  the  General  Land 
oliice.  the  Comptroller  and  the  Treasurer,  who,  together  with 
the  Commissioner  of  Claims,  are  herefy  constituted  a  Board,  to 
decide  upon  all  cases  that  may  be  referred  to  them,  under  tic 
provisions  of  this  act  ;  who  shed!  set  at  the  Court  of  Claims,  on 
the  first  Monday  in  each  month,  and  as  much  oficner  as  may  be 

-sary,  who  'shall  proceed  to  examine  and  decide  on 
claim.  Every  case  presented  shall  !>  decided  upon  the  evidence 
in  writing,  hied  as  aforesaid,  and  from  tie'  evidence,  among  the 
ho, i1,.;-;.  papers  ami  archives  of  tiie  offiee  of  Commissioner  of 
Claims.  If  the  said  Board  he  fully  satisfied  that  the  parly  in 
whose  fight  the  application  is  made,  was  o?  is  justly  entitled  to 
the  artiuunj  of  land  claimed,  in  ^ood  faith,  find  according  to  law 
and  that  no  valid  till.',  certificate;,  warrant  or  patent  has  ever 
been  issued  in  virtue  of  said  right,  the  Commissioner  of  Claims 
shall  be  authorized  to  issue  a  eertifla&tofor  the  amount  of  the 
land  to  which  the  applicant  is  entitled,  in  the  name  of  the  party 
originally  entitled,  under  the  seal  of  his  ofliee,  and  signed  by 
the  Commissioner,  the  certificate  to  he  delivered  to  the  party 
tiling  the  application,  or  his  agent.  Should  the  evidence  he 
insufficient  to  establish  the  right,  the  claim  shall  he  rejected. 

Sec.  5i  Any  grantee  of  a  conditional  certificate,  his  heirs,  exec- 
utors or  administrators  may  apply  to  the  District  ■  or  County 
Courts,  as  provided  in  the  preceding  section,  for  a  corresponding, 

minimal  Certificate,  and  shall  adduce  such  proof  in  support 
thereof  as  would  have  authorized  its  issuance  hy  any  law  in  force 
at  any  time  prior  to  the  first  da\  oi'  Novemher,  18. jo.  The  evi- 
dence shall    he    taken  and   returned    to    the    Commissioner   of 

ins, in  the  maimer  provided  in  the  foregoing  section.     It'  the 

f  be  sufficient,  the  Board  may  awaul  to  the  applicant,  an 
Unconditional  certificate,  which  shall  be  issued  by  tlie  Commis- 
sioner of  Chums. 

SEC.  6  Any  grantee  of  a  conditional  headlight  certificate, 
oi- his  heirs,  exeiaitors  or  adminisiratas,  may  apply,  by  motion, 
in  writ.ng.  to  the  District  Court  of  the  county  in  which  such 
eiinlitioiial  certificate  was  issued,  fa- a  corresponding  uncondi- 
tional certificate,  which  shall  he  granted  by  such  Court  upon 
such  proof,  as  i  would  have   authorized  its  issuance   by  any   offi- 

Board  or  Court  of  the  Republic  or    Slate   of  Texas,  under 


52 

the  laws  in  force  at  any  time  previous  to  the  first  day  of  Novem- 
ber, A.  D.  1853,  and  upon  further  proof  by  the  certificate  of  the 
General  Land  Office,  under  his  seal  of  office,  that  such  condi- 
tional certificate  was  duly  reported  to  his  office  by  the  proper 
officer,  and  that  no  corresponding  unconditional  certificate 
appears  from  the  records  or  files  of  his  office,  to  have  been 
granted  or  issued,  and  upon  a  like  certificate  of  the  Commis- 
sioner of  Claims  that  such  unconditional  certificate  does  not 
appear,  from  the  records  or  files  of  his  office,  to  have  been  issued, 
the  said  unconditional  certificates  when  granted  by  any  District 
Court,  may  be  issued  by  the  clerk  thereof  under  his  seal  of 
office,  and  attested  and  approved  by  the  presiding  judge,  but 
shall  require  no  other  or  further  approval  for  location,  survey  or 
patent.  Provided,  however,  that  no  certificate  shall  issue  to 
any  assignee  under  the  provisions  of  this  act.  The  clerks  of  the 
District  Courts  shall  each,  at  'the  close  of  every  term,  report  to 
the  Commissioner  of  the  General  Land  Office  all  certificates 
issued  by  him  under  the  provisions  of  this  Act.  The  District 
Attorneys  of  the  Districts  in  which  any  such  application  may  be 
made,  shall  represent  the  State  therein  and  the  same  may,  on 
the  motion  of  the  applicant,  be  taken  up  and  disposed  of  at  any 
time  when  the  Court  is  not  en<7au;ed  in  the  trial  of  a  cause. 

Sec.  7.  Any  person  entitled  to  bounty  or  donation  lands, 
for  military  services,  under  the  laws  of  the  Republic  or 
State  of  Texas,  who  lias  not  received  a  certificate,  warrant  or 
patent  therefor — or  their  heirs  if  they  be  dead,  may  apply  to 
the  Commissioner  of  Claims,  on  or  before  the  first  day  of  June, 
1861,  and  obtain  a  certificate  or  warrant,  upon  their  making 
affidavit  that  th&f  were  in  the  service  and  for  the  length  of  time 
for  which  they  apply,  and  that  they  were  honorably  discharged, 
(if  the  discharge  is  lost  or  destroyed,  they  shall  so  state  ;)  and 
that  they  have  not  received  a  certificate  or  warrant  for  the  ser- 
vice for  which  they  apply  ;  they  shall  also  prove  by  the  testi- 
mony of  at  least  two  creditable  witnesses,  who  were  in  the  same 
service,  that  they  performed  the  service  for  which  the  applica- 
tion is  made,  and  shall  prove  their  residence  ;  which  testimony, 
as  to  residence,  shall  be  written  in  connection  with  the  affidavit 
of  the  applicant,  and  shall  state  that  they  know  him,  and  that 
they  saw  him  sign  his  name  thereto.  If  the  Commissioner  of 
Claims  has  in  his  office  any  corresponding  record  evidence  that, 
in  connection  with  the  testimony  filed,  satisiies  him  that  the 
applicant  is  entitled,  he  mny  is-sue  a  warrant  therefor.  If  he 
has  no  such  evidence,  he  me.y  iv!'er  the*  application  to  said  Board, 
who  shall  determine  as    to    the    merits  of  the   case.     He  may, 


53 

however,  issu  ■  warrants  to  those  entitled,  who  present  an  hon- 
orable discharge,  properly  countersigned^  or  a  genuine  Foe  cer- 
tificate, without  any  o'her  proof  than  their  own  affidavit,  as 
above  stated  ;  provided,  widows  aiad  orphans  shall  not  he  required 
to  make  any  affidavit.  All  testimony  taken  in  accordance  with 
the  provisions  of  this  section,  (pther  than  before  said  Commis- 
sioner,) if  in  this  State,  shall  b  i  bei  >re  the  clprk  of  the  county 
court  where  the  witnesses  .reside ;  if  out  el'  the  State,  it  must 
be  taken  by  an  offi  ser  authorised  bv  the  laws. of  Texas  to  take 
authentications  of  instruments  for  registry  in  the  State  of  Texas 
The  credibility  of  the  applicant  and  witnesses  shall  be  certified' 
to  in  all  eases  arising.under  this  section, 

Sec.  8,  The  A,ttorney-G-ener,al,  when  not  absent  from  the 
Seat  of  Government  qn  professional  dujtjes,  shall  appear  as 
Conns, d  in  behalf  of  the  State,  in  all  eases  arising  under  the 
:ionsof  this  net  where  a  majority  of  the  Board 
may  deem  it  necessary;  ami  shall,  at  the  request  of  the  Com- 
missioner of  Claims,  give  an.  opinion  in  writing  in  all  cases 
touching  the  public  interest  (that  would  be  alfeeted  by  the  action 
of  the  Commissioner.  Should  a  case  be  presented  for  the  action 
of  the  said  13  »ard,  during  his  absejice  they  deem  it  necessary,  it 
may  be    suspended    until  his  return,  or  his  opinion  is  obtained. 

SBC.  0.  All  bounty  and  d  mat  ion  warrants  issued  tbr  mili- 
tary services,  that  have  not  J  '  snted  or  approved  h\  a 
former  Commissioner  of  Claims,  except  those  issued  by  a  Com- 
missioner ol  Claims,  or  the  Comptroller  acting  as  such,  shall  be 
snted  to  said  Commissioner  for  approval,  on  or  before  the 
Is:   day  of  June,  1861,  or  the  same  shall  hi.'  forever  hanvd 

Sec.  10.  Whenever  a  warrant  is  presented  fpr  approval  under 
the  provisions  of  this  act,  said  Commissioner  of  Claims  shall 
register  it.  stating  its  number  and  date;  by  whom  and  to  whom 
it  was  issued,  the  quantity  of  land  it  calls  for,  the  service  for 
which  it  issued  and  whether  it  is  a  bounty  or  donation.  If  he 
has  in  his  office  any  record  or  other  evidence;  showing  that  the 
party  was  in  the  service  during  the  time  stated  in  the  warranr, 
and  he  be  satisfied  of  the  genuineness  of  the  signature,  and  it 
has  not  been  duplicated,  or  another  issued  in  lieu  thereof,  he 
shall  approve  it.  If  there  lc  no  evidence  in  his  otliee  that  the 
party  served,  and  he  be  satisfied  that  it  was  issued  by  an  oilieer 
authorized  by  law  t  i  issue  such  claims,  or  the  testimony  o\  two 
witnesses  !)'•  taken  in  the  manner  herein  prescribed,  proves  that 
it  was  so  issued,  he  may  approve  it,  When  any  such  warrant  is 
ntedfor  registry  anc)  approval,  ana  h,e  believes  it  to  be  a 
iry,  he  shall  reject  it  :  or   if    issued  to    an    assignee,  and  he 


54 

believes  it  so  issued,  upon  a  Forged  transfer,  lie  may  reject  it. — 
If  a  warrant  is  proven  as  specified  in  this  act,  and  he  has  satis- 
factory evidence  in  his  office  that  the  party  has  obtained  his  land 
before,  he  shall  reject  the  claim  so  presented  stating  fully  on  the 
face  of  each  warrant  his  reasons  therefor.  And  any  person 
aggrieved  by  the  provisions  of  this  section,  may  bring  suit  within 
one  year  from,  the  date  of  such  rejection,  in  the  District  Court  of 
Travis  county,  to  establish  their  lights  ;  to  be  governed  by  the 
rules  of  evidence  in  other  cases  ;  and  shall  make  the  Commis- 
sioner of  Claims  a  party  to  the  suit.  The  State  shall  be  repre- 
sented by  the  District  Attorney,  who  shall  be  entitled  to  a  fee  of 
$20  for  every  case  that  is  not  sustained — to  be  paid  by  the 
plaintiff  as  costs  of  suit,  for  which  execution  may  issue  as  in 
other  suits.  Any  warrant  so  established,  shall  be  presented  to 
said  Commissioner  of  Claims,  together  with  a  certified  copy  of 
judgment,  and  a  certificate  from  the  clerk  that  no  appeal 
has  been  taken  to  the  Supreme  Court  within  the  time  allowed  by 
law  to  take  appeals,  when  he  shall  approve  it. 

Sec.  II.  All  claims  presented  for  registry  and  approval  shall 
remain  in  the  office  until  final  action  is  taken  thereon;  they 
may,  however,  be  sent  out  under  a  commission  from  said  officer, 
in  any  case  where  it  may  be  necessary  to  the  establishment  of 
the  same.  Re  shall  not  reject  any  warrant  until  six  months  from 
the  date  of  its  presentation  have  passed,  unless  at  the  request 
of  the  party.  He  shall  have  the  power  to  review  the  action  of 
a  former  Commissioner,  or  Comptroller  acting  as  such,  where1  he 
is  satisfied  that  injustice  has  been  done  any  party,  or  that  a  cer- 
tificate has  been  improperly  issued.  He  may  approve  all  gen- 
uine 1920  acre  bounty  warrants,  in  the  same  maimer  as  other 
warrants  are  approved. 

Sec.  12.  Slid  Commissioner  of  Claims  shall  perform  all  the 
duties  of  the  Adjutant  General,  under  the  provisions  of  the 
"act  for  the  relief  of  the  heirs  of  those  avIio  tell  with  Fannin, 
Ward,  Travis,  Grant  and  Johnson,"  approved  February  9th, 
1850.  He  may  also  issue  to  said  heirs  bounty  and  donation  war- 
rants, upon  the  same  proof  that  authorizes  the  issuance  of  head- 
right  certificates,  as  provided  for  in  said  act  ;  provided,  however, 
that  no  certificate  shall  hereafter  be  issued  under  provisions 
of  said  act,  unless  the  applicant  shall  prove  his  residence  by  the 
testimony  of  at  least  two  credible  witnesses  :  and  provided,  also, 
that  no  certificate  shall  be  issued  to  an  assignee  under  said  act. 

Sec.  13.  The  Commissioner  of  Claims  shall  perform  all  the 
duties  of  the  Adjutant  General  under  the  provisions  of  the  two 
acts     authorizing    the  issuing  of    duplicate    "land    warrants. 


55 

discharges  and  certificates  of  headright  claims  upon  certain  condi- 
tions," approved  January  14,  1840,  and  11th  May,  1845:  pro- 
vided, the  applicant  for  a  duplicate  shall  comply  with  all  the 
requisites  prescribed  in  two  said  acts,  and  shall  prove  by  the 
testimony  of  at  least  two  credible"  witnesses,  or  other  satisfactory 
evidence,  that  the  original  warrant  which  is  said  to  be  lost,  did 
in  fact  exist,  and  that  it  lias  not  been  returned  to  the  General 
Land  Office.  Or  if  said  Commissi! aim-  has  in  his  office  evidence 
that  would  have  authorized  the  issuance  o\'  the  original,  he  may 
issue  a  duplicate  without  proving  the  existence  of  the  origidal 
farther  than  by  his  own  oath  :  provided,  that  no  duplicate  ot  a 
Poe  certificate,  or  oi'  a  discharge  shall  be  issued  :  provided,  also, 
that  if  two  or  more  persons  own  any  headriglit  or  other  claim  so 
lost,  whether  application  for  a  duplicate  be  made  to  the  Com- 
missioner ol  Claims  or  the  Commissioner  of  the  General  Land 
O.lie e,  it  shall  not  be  indispensable  for  all  of  them  to  make  alb- 
davit  of  its  loss,  and  of  their  respective  portions,  unless  there  is 
reason  to  believe  that  fraud  is  intended. 

SJEC.  14.  The  Commissioner  of  the  General  Land  Office  shall 
not  issue  a  patent  upon  any  bounty  or  donation  warrant  required 
by  this  act  to  be  approved,  unless  the  same  has  been  approved. 
He  shall  not  issue  a  patent  upon  a  bounty  or  donation  warrant 
issued  to  an  assignee  since  the  24th  day  of  November,  1851, 
until  two  years  from  the  date  of  its  approval  shall  have  elapsed, 
except  by  order  of  a  decree  of  a  court  of  competent  jurisdiction 
to  try  the  rights  of  the  grantee  and  assignee. 

Sec.  15.  All  oral  evidence  submit  ted  to  said  Commissioner 
of  (Maims,  shall  be  reduced  to  writing,  and  signed  by  the  party 
giving  it.  and  shall  then  be  sworn  to  1  elbre  said  Commissioner, 
or  his  Chief  Clerk,  who  shall  be  authorized  to  administer  oaths 
in  all  cases  required  in  the  discharge  of  the  duties  of  their  office, 
and  all  such  evidence,  and  all  testimony  issued  before  said  Com- 
missioner, shall  be  by  him  preserved  and  filed. 

Sec.  16.  That  said  Commissioner  of  Claims  shall  report 
monthly  to  the  Commissioner  of  the  General  Land  office,  a 
descriptive  lis!  of  all  certificates  which  he  has  issued  and 
approved  for  the  month  previous,  and  he  shall  annually  make  a 
report,  on  the  first  day  of  September,  to  the  Governor,  of  the 
number  and  description  of  certificates  that  he  has  issued  and 
approved  for  the  year  previous. 

DEC.  17.  He  shall  demand  and  receive  a  fee  of  one  dollar 
for  each  duplicate  he  may  issue,  two  dollars    for  each    certifi 

to'a  Railroad   company,  five   dollars  for  each   certificate  >^  a 

league  or  over,  three  dollars  for   each  certificate    of  twelve   hnn- 


56 

dred  and  eighty  acres  or  over  that  amount  and  less  than  one 
league,  and  two  dollars  for  each  certificate  for  less  than  1280 
acres  that  he  may  issue,  whether  headrights,  bounties  or  dona- 
tions ;  and  all  copies  furnished  from  said  office  shall  be  charged 
for  at  the  rate  of  15  cents  per  hundred  words,  and  5.0  cents  for 
the  certificate  and  seal  ;  and  shall  account  for  and  pay  over  all 
such  fees  quarterly  to  the  State  Treasurer. 

Sec.  18.  That  said  Commissioner  of  Claims  shall  hereafter 
issue  all  land  certificates  to  Railroad  companies,  which  the 
Commissioner  of  the  General  Land  office  or  a  former  Commis- 
sioner of  Claims  was  authorized  to  issue  under  any  law  of  the 
State,  and  all  applications  for  such  certificates  shall  hereafter  be 
presented  to  the  said  Commissioner  of  Claims  in  the  same  man- 
ner that  they  were  heretofo re  required  to  be  presentel  to  tho 
Commissioner  of  the  General  Land  office. 

Sec.  19.  The  said  Commissioner  of  Claims  shall  not  act  as 
the  agent  of  any  person  for  the  prosecution  of  a  claim  of  any 
description  against  the  Republic  or  State  of  Texas  ;  nor  as  the 
agent  of  any  person  in  locating  lands  or  procuring  patents  for 
land  ;  nor  as  the  agent  in  and  about  the,  registry,  approval  or 
issuance  of  any  land  certificate  ;  nor  shall  he  hereafter  purchase 
any  interest  in  any  claim  for  land,  requiring  his  approval,  or  for 
money  against  the  Republic  or  State  of  Texas  ;  and  if  he  shall 
violate  any  of  the  provisions  of  this  section,  he  shall,  on  con- 
viction therefor,  be  fined  in  a  sum  not  less  than  two  thousand 
dollars,  and  shall  thereafter  be  ineligible  to  hold  any  office  in 
this  State.  Nor  shall  any  of  the  clerks  employed  in  said  office, 
act  as  the  agent  of  any  person  about  the  approval  of  any  claim, 
nor  as  the  agent  of  any  one  in  locating  lands  or  the  issuance  of 
any  certificate,  nor  shall  they  purchase  any  interest  in  any  claim 
requiring  the  approval  of  said  Commissioner,  nor  for  any  money 
against  the  Republic  or  State  of  Texas  ;  if  any  one  shall  violate 
any  of  the  provisions  of  this  section,  he  shall,  on  conviction 
therefor,  be  fined  in  a  sum  not  less  than  five  hundred  dollars,  and 
shall  be  dismissed  from  office. 

Sec  20.  That  said  Commissioner  of  Claims  shall  also  per- 
form the  duties  imposed  upon  the  Auditor  by  the  provisions  of 
an  act  to  provide  for  ascertaining  the  debt  of  the  late  Republic 
of  Texas,  approved  March  20th,  1848,  so  far  only  as  to  audit 
claims  for  military  service,  in  the  same  manner  and  under  like 
restrictions  :  and  every  person  having  a  claim  against  the 
Republic  of  Texas,  for  such  service,  shall  present  the  same  to 
the  Commissioner  of  Claims  and  Comptroller  of  Public  Accounts 
on  or  before  the  first  day  of  June,  1861,  or  the  same  shall  be 
forever  barred. 


57 

Sec.  21.  Wlion  any  claim  is  presented  to  said  officers,  under 
the  provisions  of  the  next  preceding  section,  it'  the  party  shall 
present  to  said  officers  such  vouchers  ami  proof  in  support 
thereof,  as  would  have  permitted  it  to  he  audited  under  the  law 
of  the  Kcpublie  of  Texas,  they  shall  jointly  receipt  for  the 
same  under  their  hands  and  seals  of  office.  Betting  forth  the  par 
value  thereof,  at  the  time  accrued,  the  name  of  the  person  to 
whom  it  accrued,  the  date  and  amount  thereof;  and  sueli 
receipts  shall  he  paid  by  the  State  Treasurer  whenever  an  appro- 
priation is  made  therefor. 

Sec.  22.  That  said  Commissioner  shall  procure  and  use  a 
seal  similar  to  the  one  heretofore  used  by  the  Commissioner  of 
Claims,  for  the  authentication  of  all  instruments  of  writing 
emanating  from  his  office, 

Si:e.  23.  That  all  the  postage  incident  to  the  correspondence 
of  s aid  Cmrt,  shall  be  paid  by  tin'  State,  in  the  same  manner 
and  under  the  same  regulations  as  that  of  other  officers  oi' 
the  State. 

Sec.  24.  All  original  applications,  either  for  hcadrights  or 
military  lands,  not  presented  to  said  Commissioner  of  Claims 
on  or  before  the  fust  day  ot  June,  1861,  shall  be  forever  barred- 

Skc.  2j.  That  on  the  first  day  of  January,  18G2,  the  Com- 
missioner of  Claims  shall  deliver  to  the  Comptroller  all  the 
books,  papers  and  archives,  in  and  belonging  to  the  office  of 
Commissioner  of  Claims,  that  wen1  heretofore  archives  of  the 
Auditor's  office  ;  and  to  the  Commissioner  of  the  (. -lateral  Land 
oi'tiee  all  other  papers,  b  loks  and  archives  belonging  to  the  office 
of  Commissioner  of  Claims,  and  the  same  shall  become  a  part 
of  the  ai chives  of  their  respective  offices. 

Sec  26.  That  all  laws  and  parts  of  laws  conflicting  with 
this  act,  be  and  the  same  are  hereby  repealed  ;  and  that  this  act 
take  effect  and  be  in  force  from  and  after  its  passage. 

Approved  February  7,  1SG0. 


CHATTER   48. 

AN  ACT  creating  the  county  of  Marion^   and  providing  /or 
the  holding  <y*  //<<■  District  Courts  therein. 
Section   1.     Be  it  ti<'ic/<>/  by  the  Legislature  of  the  State   "J 

Texas,   That  from  and  after  the  passage  of  this  act,  all  that  por- 


58 

tion  of  the  territory  included  in  the  following  limits,  to-wit  : — 
Beginning  at  the  South  East  corner  rjf  Cass  county,  and  running 
thence  North  with  the  East  boundary  line  of  said  county  of 
Cass,  thirteen  miles;  thence  dueWest  to  Big  Cypress  Bayou  in  the 
county  of  Titus,  and  thence  with  the  mcanderings  of  saifl  Bayou 
in  a  South  Eeasterly  direction,  to-  the  North  West  corner  of 
Harrison  county,  and  thence  down  said  Bayou  with  the  North 
line  of  Harrison  county  to  the  place  of  beginning,  be  and  the 
same  is  hereby  created  into,  and  is  hereby  constituted  a  separate 
county,  for  judicial  and  other  purposes,  and  shall  be  vested  with 
all  the  rights  and  privileges  exercised  and  enjoyed  by  the  several 
counties  of  this  State,  and  shall  be  called  the  county  of  Marion. 

Si:e.  2.  That  the  town  of  Jefferson  0:1  Big  Cypress  Bayou,  lie 
and  is  hereby  made  the  seat  of  justice  or  county  site  of  said 
county,  and  that  the  District  and  County  Courts  shall  be  holden 
at  that  place,  and  the  officers  of  said  county  be  governed  by  the 
laws  pertaining  to  the  several  counties  of  the  State,  relative  to 
the  holding  of  their  office  and  all  other  things  pertaining  to  their 
duties. 

Sec.  3.  That  D.  S.  McKay,  James  T.  Sharp  and  Eli  Moore 
be  and  are  hereby  appointed  Commissioners,  with  full  power  and 
authority  to  organize  the  said  county  of  Marion,  and  it  shall  be 
their  duty,  as  soon  as  practicable  after  giving  the  notice  as 
required  l>y  law,  for  the  organization  of  new  counties,  to  open 
and  hold  an  election  for  Chief  Justice,  County  Commissioners, 
Sheriff,  Clerks  of  cne  District  and  County  Courts,  and  all  other 
officers  directed  by  law,  for  the  other  counties  of  this  State,  and 
said  Commissioners  shall  receive,  for  the  use  of  said  county  of 
Marion,  any  donation  or  donations  of  lands  for  public  use,  ami 
that  so  soon  as  the  said  county  is  organized,  they  shall  make  a 
report  in  full  of  all  their  actions  performed  as  Commissioners,  to 
the  County  Court  of  said  county  of  Marion,  and  turn  over  to 
said  Court  all  the  papers  pertaining  to  said  organization,  as 
records  of  office,  of  the  said  County  Court. 

Sec.  4.  That  the  Commissioners  appointed  by  this  act  shall, 
before  entering  upon  the  duties  of  their  office,  take  and  subscribe 
to  an  oath,  before  some  Justice  of  the  Peace  of  Cass  county,  for 
faithful  and  impartial  discharge  of  their  duties  ;  and  said  Com- 
missioners are  hereby  authorized  and  empowered  to  qualify  the 
first  Chief  Justice,  and  other  officers  of  said  county. 

Sec.  5.  That  said  county  of  Marion  shall  be  and  constitute 
a  part  of  the  Eighth  Judicial  District  of  this  State,  and  the 
first  term  of  the  District  Court  shall  commence  therein  on  the 
second  Monday  before  the  first   Motility   in  August,   1860,  and 


50 

may  continue  in  session  two  weeks,  anil  that  the  District  Courts 
in  said  county,  shall  commence,  thereafter,  on  the  Becond  Mon- 
days before  the  first  Mondays  in  February  and  August,  an  I  may 
continue  in  session  two  weeks. 

SEC.  6.  That  after  the  organization  of  said  county,  the  County 
Court  may  take  measures  to  havo"  so  much  of  the  records  of 
the  Cottnties  of  Cass  and  Titus,  as  pertain  to  the  territory  of 
paid  cotmU  of  Marion,  transcribed  Fur  the  use  of  said  county  tA' 
Marion,  anti  have  the  same  properly  authenticated  by  the  Clerks 
of  each  of  s\iid  counties,  and  when  the  same  is  done,  said  records 
shall  be  good  and  valid  to  all  intents  and  purposes,  as  the 
records  of  oiher  counties  of  this  State. 

.  7.  That  when  any  suits  now  pendinjrin  either  of  the  tjoiro- 
ties  of  Cass  orTitus,  that  would  be  proper  in  accordance  with  exist 
Mig  laws  of  this  State  to  be  brought  in  said  county  of  Marion, 
may  be  transferred  to  said  county  of  Marion,  by  consent  of  all 
of  the  parties  to  said  suits,  provided,  that  said  county  ot  Marion 
shall  not  be  taxed  with  any  costs  accrued  thereon  prior  to  the 
passage  of   this  act. 

Sec.  8.     That  this  act  bo  in  force  from  its  passage. 

Approved  Februarys,  1860. 


CHAPTER   40. 

AX  ACT  to  appropriate  the  sum   of  four  thousand  dollars  in 
addition  to  the  sixty  thousand  dollars  for  the    support  <>/'  tin 
Ranging  Companies   commanded    by    Capts.    JohnS   }'<■>■</, 
John  Henry  Brown  and  James  Bburland. 
Section  1.     Be  it  enacted  by  the  Legislature  of  the    State  of 
Texas,  That  the  sum  of  four  thousand  dollars  be  appropriated, 
in  addition  to  the  sixty  thousand   dollars  appropriated   January 
12,  1   60,  for  the  support  of  the  Ranging  Companies  -commanded 
by  Captains  Ford,  Brown  and  Bourland,  and  that  this  act    take 
effect  and  be  in  force  from  and  after  its  passage. 
Approved  February  8,  I860. 


60 

CHAPTER    50. 

■ 
AN  ACT  to  restore  land  sold  for  taxes,  and  purchased   by   the 

State,  to  former  oicners,  on  certain  conditions. 
Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  the  former  owner  of  lands  that  have  been  sold  for 
taxes,  and  purchased  by  the  Slate,  shall  have  two  years  from 
and  after  the  first  day  of  February,  1862,  to  redeem  the  same 
upon  payment  to  the  assessors  and  collectors  of  taxes,  of  the 
eternity  wherein  the  land  lies,  or  to  the  Comptroller  of  the  State, 
of  all  arrearages  of  taxes  unpaid,  with  fifty  per  centum  on  ull 
taxes  that  are  or  should  be  duo  on  such  lands,  had  the  former 
owner  continued  to  own  and  give  in  the  same  for  taxation,  and  a 
fee  of  two  dollars  for  the  assessor  and  collector  who  made  the 
sale,  for  his  servicesT  And  it  shall  be  the  duty  of  the  assessors  and 
collectors,  or  the  Comptroller,  as  the  ease  may  be,  in  receiving 
such  payments,  to  compute  I  h e  ralue  of  lands,  that  have  been 
sold  for  taxes  and  have  remained  unassessed  for  any  number  of 
years,  in  accord  m  se  with  the  value  of  lauds  lying  in  the  vicinity 
of  such  land  so  sold  and  purchased  by  the  State. 

Bec.  2.  The  assessor  and  collector  shall  make  a  separate 
quirt  rly  return  to  the  Comptroller,  specifying  the  lands 
•mod,  as  herein  provided,  and  the  amount  of  taxes  collected, 
thereon,  which  tax  he  shall  pay  into  the  State  Treasury,  as 
required  for  the  payment  of  other  taxes.  The  certificate  of  the 
ssorand  collector  or  the  Comptroller,  as  the  case  maybe, 
shall  be  sufficient  evidence  that  the  lands  have  been  redeemed, 
and  the  former  owner  restored  to  all  the  rights  he  possessed  in 
such  lands,  prior  to  the  sale  of  the  same  for  taxes. 

Bec.  3.     This  act  shall  take  effect  and  be  in   force    from   and 
after  its  passage. 

Approved  8th  Feb'y,  18G0. 


CHAPTER    51. 

AN  ACT  snpplcmetary  to  an  act  supplementary    and    amenda- 
tory of  an  act   to    regulatr    Railroad   Companies,    approved 
February  7th,  1853,  approved  December  19th,  1857. 
Section  1.     Be  it  enacted  by  the  Legislature  of  the  State    of  \ 

Texas,  That  no    Railroad   Company  shall  issue   any  shares   of 


61 

stock  in  said  Company,  except  at  its  pef  value  ami  to  actual 
subscribers  who  pay,  or  become  liable  to  pay  the  par  value 
thereof1;  and  every  Officer  or  Director  of  a  Railroad  Company, 
wlio  shall  issue,  or  consent  to  the  issue  of  any  share  of  stock  in 
violation  <»f  this  provision,  shall  become  personalty  liable  to 
the  stockholders  an  I  creditors  of  said  company,  for  the  full  par 
value  thereof  ;  Provided,  however,  fch  ;t  any  company  may  pro- 
Vide  in  its  By-Laws  for  the  issue  of  certificates  of  stock  in  pay- 
ment of  any  debt  contracted  for  the' construction  or  equipment  of 
its  road,  ami  any  bona  fide  indebtedness 

Sec.  2.  That  no  Railroad  Company  heretofore  chartered,  or 
which  may  hereafter  be  chartered  by  this  State,  shall  enter  upon, 
except  fjr  a  lineal  survey,  any  real  estate  whatever,  the  same 
being  private  property,  for  the  purpose  of  taking  and  condemn- 
ing the  same,  for  any  purpose  that  may  b«  authorized  by  its  char- 
ter, until  the  said  company  shall  agree  with  and  pay  the  owner 
thereof  all  damages  thai  may  be  caused  to  the  lands  and  prop- 
erty of  said  owner,  by  the  condemnation  of  said  real  estate  and 
property,  ami  by  the  construction  of  such  road  :  Provided,  that 
if  said  company  and  said  owner  or  owners  cannot  agree  upon  the 
damages,  it  shall  lie  the  duty  of  said  company  tostate  in  writing 
the  real  estate  and  property  sought  to  be  condemned,  the  name 
o{  t lie  owner,  the  object  for  which  the  same  is  sought  to  be  con- 
demned, and  tile  the  same  with  the  Chief  Justice  of  the  county 
in  which  said  property  is  situated,  and  thereupon  the  Chief  Jus- 
tice shall  appoint  three  disinterested  freeholders  of  said  county 
as  special  Commissioners  to  assess  said  damages,  giving  prefer- 
ence to  those  that  may  be  agreed  on  between  said  company  and 
Said  owner;  audit  shall  be  the  duty  of  said  Commissioners 
when  sworn  by  the  Chief  Justice,  to  assess  said  damages  ;  taking 
as  the  rule  of  assessment  the  damages  so  done  the  real  estate  and 
property  of  said  owner,  by  the  construction  of  said  Railroad 
and  by  the  condemning  of  said  real  estate  and  property  for  the 
use  aforesaid.  And  the  said  commissioners  shall  proceed  thus  : 
They  shall  appoint  a  day  and  place  at  the  earliest  practicable 
period,  fa-  hearing  said  parties — they  shall  on  the  day  and  at 
the  place  appointed,  fully  hear  said  parties  ;  they  shall  if  they 
Bhoosc,  examine  the  land  and  property  sought  to  be  condemned, 
and  then  under  oath  assess  by  the  rule  before  mentioned,  the 
lamagcs— it  being  the  duty  o(  said  company  to  give  to  the 
nvner  five  days  written  notice  before  the  sitting  of  said  Com- 
missioners ;  and  if  either  party  be  dissatisfied  with  the  decision 
)f  said  Commissioners,  he  or  they  shall  have  the  right'  to  file  a 
•    ition  in  the  District  Court,  as  in  ordinary  cases,  reciting  the 


62 

cause  of  action,  and  the  failure  to  agree,  and  such  suit  shall 
proceed  to  judgement  as  in  ordinary  cases.  That  the  costs  of 
the  proceedings  hefore  the  Commissioners  and  in  the  Court,  shall 
be  determined  as  follows,  towit  : 

If  the  said  Commissioners  shall  award  greater  damages  than 
the  said  company  offered  to  pay  before  the  proceedings  com- 
menced, or  if  suit  is  commenced  in  the  District  Court  under  the 
provisions  of  this  act,  and  the  judgment  of  the  Court  is  for  a 
greater  sum  than  the  amount  awarded  by  the  Commissioners, 
then  the  said  company  shall  pay  all  costs  ;  but  if  the  amount 
awarded  by  said  Commissioners  as  damages,  or  if  the  judgment 
of  the  District  Court  shall  be  for  the  same  or  less  amount  of 
damages,  than  the  amount  offered  by  the  company  before  pro- 
ceedings were  commenced,  then  the  costs  shall  be  paid  by  the 
owner  of  the  property  :  and  further  provided,  that  the  award  of 
the  commissioners  and  the  judgment  of  the  District  court  shall 
operate  as  a  lien  upon  the  Road-bed-track,  to  secure  the  payment 
of  said  award  of  judgment,  and  upon  filing  the  amount  of  the 
award  of  the  commissioners  made  under  the  provisions  of  this 
act,  in  a  court  having  jutisdietion,  of  the  amount  thereof,  such 
Court  is  empowered  and  hereby  required  to  issue  an  execution 
therefor,  as  in  cases  of  judgment ;  and  in  case  the  final  condem- 
nation is  made  by  the  District  Court,  said  court  shall  enter  a 
judgment  for  the  amount  thereof,  and  order  execution  there- 
upon :  and  further  provided,  that  in  case  either  party  may  be 
dissatisfied  with  the  deeission  of  the  Commissioners,  the  Rail- 
road C  nnpany,  by  depositing  the  amount  of  the  award  of  the 
Commissioners,  or  filing  a  bond  with  good  security,  in  double 
the  amount  payable  to  the  owner  of  the  land,  with  the  Clerk  of 
the  District  Court  of  the  county  in  which  the  land  is  situated, 
to  abide  the  final  decision  in  the  case,  may  proceed  with  the 
construction  of  their  road,  as  if  there  was  no  controversy  exist- 
ing. In  cases  where  lands  belonging  to  non-residents  or  persons 
unknown,  are  sought  to  be  taken  by  any  Railroad  Company  in 
the  construction  of  its  work,  the  notice  may  be  served  on  them 
by  publication  for  four  weeks  in  the  newspaper  nearest  to  the 
county  in  which  the  land  is  situated,  and  service  so  made  shall 
be  effectual  as  if  served  personally. 

Where  the  lands  are  owned  by  minors,  the  service  may  be  on 
their  guardian,  and  the  land  taken  as  in  other  cases. 

Sec.  3.  That  each  and  every  Railroad  Company  be  and  is 
hereby  required  to  erect  at  each  and  every  depot,  station  or  place 
established  by  such  company  for  the  reception  and  delivery  of 
freight,  suitable  buildings  or  inclosuresto  protect  produce,  goods, 


G3 

wares  and  merchandise,  and  freight  of  every  description,  from 
damage  by  exposure  to  the  weather,  stock  Orothi  rwise,  in  default 
of  which,  such  Railroad  Company  shall  be;  liable  to  the  owner 
of  such  produce,  goods,  waree  or  merchandize,  for  the  amount 
of  damages  or  loss  sustained  by  reason  of  such  improper  expo- 
sure, together  with  all  cos'.s  and  expenses  of  recovering  the 
same,  including  necessary  attorneys'  fees  ;  provided,  that  Kail- 
road  Companies  shall  in  no  ease  he  allowed  to  charge  storage 
upon  freight  received  by  them  for  delivery,  unless  the  owner  or 
owners,  consignee  or  consignees  thereof  neglect  to  remove  it  from 
the  depot  oi'  the  Company,  within  three  days  after  notice  of  its 
>;ion,  which  notice  may  be  giveu  by  posting  the  same  on  the 
depot  door,  and  after  the  expiration  of  such  time  the  company 
may  remove  and  store  said  freight  at  the  expense  of  the  owner  or 
consignee,  and  said  freight  shall  he  held  liable  for  the  freight 
and  charges  due  thereon. 

Sao.  4.  When  the  Consignee  or  owner  oi^  any  goods  or 
articles,  transported  on  any  Railroad,  which  are  perishable,  and 
which  remain  in  possession  of  the  company,  cannot  he  found,  or 
refuses  to  receive  the  same,  or  pay  the  charges,  of  neglects  to  do 
bo  for  an  unreasonable  time,  application  may  he  made,  by  the 
company,  or  its  agents,  to  any  Justice  of  the  Peace,  or  to  the 
Mayor  or  Chief  Magistrate  o(  any  incorporated  town  for  an 
order  oi  sale,  and  if  it  shall  he  made  t<>  appear  to  such  Justice 
or  Mayor  that  the  --oods  have  been  transported  by  the  company, 
and  are  perishable  in  their  nature,  and  that  the  consignee  or  owner 
cannot  he  found,  or  refuses  or  neglects  to  pay  the  costs  and 
charges  of  transportation,  or  to  receive  the  gOods,  lueh  Justice 
or  Mayor  shall  issue  an  order  under  his  hand  and  official  signa- 
ture, directed  to  the  Sheriff,  or  any  Constable  or  Marshal  of 
the  town,  directing  the  sale  oi'  the  goods  at  public  vendue,  at 
such  time  as  the  Justice  or  Mayor  may  direct,  and  out  of  the 
proceeds  of  Bale,  to  pay  all  costs  which  have  accrued  in  pro- 
curing the  order,  making  the  sale,  and  the  charges  on  such  goods 
for  their  transportation,  and  should  there  he  a  halance  left,  it 
shall  he  paid  into  the  county  treasury,  and  the  owner  ol'  such 
BO  >'is  may  receive  fit  same  out  of  the  treasury  on  tin;  order  of 
she  County  Court,  if  applied  for  iu  two  years,  hut  not  after- 
wards. 

.  5.  That  each  and  every  Railroad  Company  whose  rail- 
way passes  through  a  held  or  enclosure,  is  hereby  required  t'> 
place  a  good  and  sufficient  cat  lie  guard  or  stop,  at  the  points  oi' 
entering  and  learing  such  field  or  enclosure,  and  keep.them  in 
good  repair  ;  ami  in  case  an  en  ilosure  or  field  through    which  a 


64 

Railway  passes,  shall  bo  enlarged  or  extended,  or  the  owner  of 
the  land  over  Which  a  Railway  runs,  shall  clear  and  open  a  field 
so  as  to  embrace  the  track  of  a  Railway  ;  such  Railroad  Com- 
pany is  hereby  required  to  place  cattle  guards  or  stops  at  the 
margins  of  such  extended  enclosures  or  fields,  or  such  new  fields, 
so  as  to  protect  such  fields  and  enclosures  from  the  depredations 
of  stock  of  every  description  ;  in  default  of  which,  the  owner  or 
owners  of  such  field  or  enclosure,  is  or  are  hereby  empowered  to 
have  such  cattle  guards  or  stops  placed  at  the  proper  places,  to 
protect  their  enclosures,  and  may  recover  the  costs  thereof,  trom 
such  Railroad  Company,  unless  it  is  shown  that  the  enlarge- 
ment or  extension,  as  above,  is  made  capriciously  and  with 
intent  to  annoy  and  molest  the  company. 

Sec.  G.  That  each  and  every  Railroad  Company  in  this 
State,  shall  be  liable  to  the  owner,  for  the  value  of  all  stock 
killed  or  injured,  by  the  Lcomotives  and  cars  of  such  Railroad 
Company,  in  running  over  their  respective  Railways,  which  may 
be  recovered  by  suit  before  any  Court  having  jurisdiction  of  the 
amount.  If  the  Railroad  Company  fence  in  their  road,  they 
shall  only  then  be  liable  in  cases  of  injury  resulting  from  the 
■want  of  ordinary  care. 

Sec.  7.  That  if  any  officer  of  any  Railroad  Company  char- 
tered in  this  State,  shall  become  secretly  interested,  directly  or 
indirectly,  in  any  contract  entered  into  and  made  by  said  com- 
pany, with  any  person  or  persons  whatsoever,  for  the  construc- 
tion of  said  road,  the  furnishing  of  materials,  work  and  labor 
necessary  to  erect  and  construct  such  road,  or  the  furnishing  the 
rolling  stock  for  such  road,  or  any  other  contract  for  the  success- 
ful operation  of  such  road,  upon  conviction  before  a  Court  of 
competent  jurisdiction,  shall  forfeit  and  pay  the  sum  ot  not  less 
than  one  thousand  nor  more  than  five  thousand  dollars  for  the 
use  of  this  State. 

Sec  8.  Stock  issued  within  thirty  days  before  any  stock- 
holders' meeting,  shall  not  entitle  the  holder  to  vote  thereat, 
except  at  the  first  stockholders'  meeting  under  their  charter,  for 
organization  ;  nor  shall  any  stock  be  voted  upon  except  in  pro- 
portion to  the  amount  paid  thereon,  or  secured  to  be  paid,  by 
good  security,  in  addition  to  the  subscription  and  stock. 

Sec.  9.  Be  it  further  enacted,  That  if  any  Railroad  Com- 
pany, heretofore  or  that  may  hereafter  be  chartered  in  this  State, 
shall  exact,  demand  and  receive  any  highea  or  greater  rates  of 
freight  than  is  or  may  be  allowed  by  law,  or  tne  provisions  of 
their  respective  charters,  to  such  company,  for  the  transporta- 
tion of  freights,    such   company   shall   forfeit  and  pay   to    the 


G5 

owners  of  such  freight,  for  each  and  every  such  overcharge,  tho 
sum  of  ten  dollars  to  be  recovered  before  any  Justice  of  the 
Peace  in  the  county  where  BUeh  company  may  haw  their  prin- 
cipal  office  for  the  transaction  of  business,  in  an  action  of  debt 
by  any  person  whose  freight  may  have  been  so  overcharged,  his 
agent  or  attorney  ;  and  that  the  receipt  for  the  amount  of 
freight  paid,  given  by  aay  agent,  conductor,  clerk  or  other 
employee  or  operative  oi'  said  company,  or  of  any  person  acting 
in  any  such  capacity,  shall  lie  prima  Jacic  evidence  on  the  trial 
of  such  suit,  that  said  company  made  the  charge  ami  exacted, 
demanded  and  received  the  sum  therein  stated.  Provided,  that 
said  company  may  exact  for  each  and  every  parcel  or  parcels, 
package  or  packages,  o\'  less  than  two  hundred  pounds  in  weight 
for  which  they  may  he  required  to  give  a  separate  receipt  or  hill  of 
lading,  the  same  sum  that  they  would  be  entitled  to  charge  if 
such  parcel  or  parcels,  package   or  packages  was  of  such  weight. 

Sec.  10.  That  the  right  of  way  seemed,  or  to  be  secured  to 
any  Railroad  Company  in  this  State,  in  the  manner  provided  by 
law,  shall  not  be  so  construed  as  to  include  the  fee  simple  estate 
in  lauds,  either  public  or  private,  nor  shall  the  same  be  lost  by  the 
forfeiture  or  expiration  of  the  charter,  hut  shall  remain  subject 
to  .in  extension  of  the  charter,  or  the  grant  of  a  new  charter 
over  the  same  way,  without  a  new  condemnation. 

Bko.  11.  That  any  Railroad  terminating  on  the  Eastern 
boundary  of  this  State,  may  connect  with  any  Railroad  or  Kail- 
roads  which  will  connect  it,  or  them,  with  the  Mississippi  river, 
Upon  such  terms  as  the  parties  concerned  may  agree:  Provided 
such  agreement  shall  not  be  in  contravention  of  this  or  any 
other  General  haw  regulating  such  corporations. 

Sec.  12.  When  any  company  refuses  or  neglects  to  draw 
over  its  road,  the  ears  of  another  company  connecting  with  it, 
such  company  connecting  with  ill  may  draw  its  cars  over  such 
mad.  with  its  own  engines,  during  such  refusal  or  neglect,  sub- 
Ject,  while  on  such  road,  to  its  regulations,  for  the  management 
oi   its  own  trains. 

Sec,  13.  The  point  at  which  the  mad  of  two  companies 
intersects  or  connects  is  declared  to  he  a  depot  for  the  receipt  and 
delivery  of  freight,  and  the  companies  must  receive,  cany  and 
deliver  freight  and  passengers  to  and  from  the  same,  under  the 
.same  regulations  and  the  same  penalties  as  in  other  cases, 

Sec.  14.  When  a  company  const ruefk  a  switch  on  its  road 
for  the  accommodation  of  freighters,  they  shall  he  humid  t<>  fur- 
nish a  sufficient  number  of  cars  for  the  transportation  of  freight 
therefrom,  when  requ<  todo,  and  in  default  so  to  do,  shall 

E 


66 

I  feo  the  same  penalties  as  in  ether  cases  of  neglect  of 
the  like  character. 

Sec.  15.  That  all  Railroad  Companies,  which  h..ve  not  befo- 
re made  the  annual  reports  to  the  Comptroller  of  the  State 
arid  the  Commissioner  of  the  General  Land  Office,  shall  have 
anti]  the  first  of  June,  1SG0,  to  make  such  reports,  and  all  Rail- 
road Companies  shall  make  such  reports  hereafter,  on  the  firei 
day  of  June,  annually,  aucl  any  company  hereafter  failing-  to 
make  such  annual  report,  after  sixty  days  notice  from  the  Comp- 
troller or  Commissioner  of  the  General  Land  Office,  shall  forfeit 
ail  right  to  receive  any  lands  which  may  have  been  granted  to 
them  by  fcheSi  charter  or  otherwise  ;  the  Companies  shall  make 
their  reports  according  to  the  forms  which  shall  be  furnished 
them  by  the  Comptroller  and  the  Commissioner  of  the  General 
Land  OUice. 

Sec.  l'l.  That  the  Railroads  of  this  State,  beginning  or  ter- 
minating at.  or  passing  through  any  city  or  town,  shall  be  and 
feme  same  are  hereby  required  to  connect  so  as  to  allow  the  cars 
of  one  to  pass  over  the  track  cf  another,  and  for  the  purpose  of 
forming  such  connections,  the  company  or  companies  of  such 
Railroad  or  Railroads  shall  have  the  right  to  enter  upon  and  use 
any  public  street,  alley  or  highway  in  such  city  or  town,  for  the 
track  or  its  or  their  road  or  roads,  without  compensation,  in 
a  -'irdance  with  the  provisions  mentioned  in  the  following  sec- 
tion. 

Sec.  17.  That  if  any  Railroad  Companies  shall  be  unable  to 
agree  as  to  the  point  or  points  at  which  such  connection  shall  be 
made,  or  if  the  people  or  authorities  of  such,  city  or  town  oppose 
the  passage  of  any  road  through  or  over  any  particular  street  or 
high  way,  then  and  in  that  case  it  shall  be  the  duty  of  the  State 
hieer,  or  such  other  person  as  the  Governor  may  appoint,  on 
the  application  of  any  Railroad  Company,  upon  being  notified 
of  the  fact,  by  any  one  of  the  companies  or  by  the  authorities  of 
:  city  or  town,  to  proceed  to  designate  the  point  or  points  at 
which  said  connection  shall  be  made,  and  also  the  streets,  alleys 
and  highways  through  and  over  which  such  road  or  roads  shall 
pass  :  Provided,  that  in  the  selection  of  streets  or  highways,  a 
due  regard  shall  be  had  to  the  commercial  interests  and  conveni- 
ence of  such  city  or  town,  and  no  main  business  street  or  thor- 
oughfare shall  he  appropriated  for  a  railway  track,  if  another  may 
conveniently  be  made  to  answer. 

Sec.  18.  That  to  form  such  connection,  the  companies  or 
any  otf  them  shall  have  the  right  to  enter  upon,  and  use  the 
porperty  of  any  private  individual  or  corporation,  upon   making 


67 

jnst  compensation  therefor,  in  accordance  with  the  terms  of  the 
charter  of  any  bneof  the  companies  Peking  to  use  the  same^  or 
of  the  provisions  bfany  Glei  raJ  Law  providing  that  private 
property  may  be  appropriated  for  highways  6f  for  public  uses. 
Seo.   I'.'.   Thai  ich  cdmiections  shall  be  borne 

illy  by  the  several  roads  required  to  make  the  connections, 
and  any  Railway  Cosffpany  railing  or  recusing  to  make  its  por- 
tion of  the  co  ion  herein  requi  ithiu  twelve  months 
from  the  time  <>f  being  notified  by  any  ether  company,  of  its 
readii  tifltection,  tiniest  prevented  by  delays 
the  right  i >f  rfeit  all  claim  for  land  by 
virtue  of  any  act    of  llhe   Legislature   bf  the   Btate  oflN 

donationa  of  land    to  iori  of 

hall    he   lia!  '  v.  ly  suit  at  law, 

■  -I  proportions  of  the  costs  of  such  connect] 

>.     That  if  1  or    arfthurities  of  any  city  or 

'1  forcibly  obstruct  or  of  any   Kail- 

road  through  any  street,  ?ay  or  alley  which 

■■   such    other 
ofooiirt    to  form  such  connection, 
they  shall  be  liubte  in  due  any  or  all  ;es. 

•.   21.     Thai  •  Cianj.nny  duly  eltarti  re«l  by  the 

fcvws  "f  this   -  t    the    main 

of  its  road  tferottghthe  corporate  limits  of  any  eilyor  town 
in  this  State,  which  may  be  in  the  line  (Sf  said  Railwiy,  and    for 
y  use  any  of  the  public  streets,  alleys  and  high- 
of  such  city  |  rivaie  property,  in  the  same  d 

e  rules  and    regulations  mentioned  in 
ixteeuth  section  of  this  act  :  Provided,  that   the   company 
owning  said  road  shall  pay  the  damages  for  any  "private   pro] 
.    '  it  shall  u  'J-  be  required  to  pay  any  dan 

-  highwl  ken  oi  I  iken  and 

:  and  further  provided,  that  if  the  paseage  of  said   fine   d' 
road  I  brough  or  ow  r  any  public  street .  alley  or  highWay  of  such 
r  town  shall  be  opposed  <  :'  obstructed  by  the  people"  or   au- 
thor] snch  city  or.  town,  after  the  same  shall  ntave  been 
ed  by  tb  ineer  or  such  rX/her  pei  the  G-ov- 
r  may  apj                     ad  id  that   case   such  y    in  its 
discretion  may  select  thb  line  of  its    road    so  a*    to]  and 
said  bown^in  which  cti               '1  have  theright  I                     --nit, 
■h  city  or  town,  dame  •               ..  d 

ies  of  at  >wn  throu 

h  any    11  liln  May 


C8 

.  in  accordance  with  the  provisions  of  this  act,  shall  he  and 
they  are  authorized  to  regulate  the  speed  at  which  such  earn 
shall  be  run  :  Provided,  the  maximum  speed  shall  hot  exceed  six. 
nor  thi-  minimum  he  less  than  four  miles  per  hour;  to  require 
that  the  companies  shall  have  signal  men  with  flags  or  signals  at 
the  tfroaeiags  of  ail  the^principal  streets,  and  that  the  locomo- 
tives shall  b"  provided  with  spark  catchers  ;  and  to  generally 
require  of  the  said  companies  such  measures  of  precaution  in 
running  their  locomotives  and  cars  through  such  streets*  alleys 
and  highways  as  in  their  opinion  may  he  necessary  to  secure  the 
safety  of  the  inhabitants  and  property  ;  Provided,  the  authori- 
shall  not  have  the  right  to  prohibit  the  passage  of  the  loco- 
motives and  cars  over  any  portion  of  the  track. 

Sec.  23.  That  no  Kail  road  Company  in  this  State  shall  for* 
feit  its  franchise,  rights  or  privileges,  arising  under  its  charter, 
or  under  any  General  or  Special  Law,  so  far  as  relates  to  the 
actual  extent  of  read  completed,  by  reason  of  a  failure  to  com- 
plete twenty-five  miles  each  and  every  year,  or  any  other  extent 
of  road,  required  to  he  completed  within  a  given  time  ;  Pro- 
vided, as  much  as  twenty-five  miles  of  the  road  shall  be  com- 
pleted before  Forfeiture  is  incurred. 

Sec.  24.  That  all  laws  and  parts  of  laws  inconsistent  with 
the  provisions  of  this  act,  are  hereby  repealed  ;  and  that  this  act; 
take  effect  and  be  in  force  from  and  after  its  passage. 

Approved  Sth  Feb'y,  I860. 


CHAPTEK  52. 

AN  ACT  to  amend  the  third  section  of  on  act  to  encourage  the 
construction  of  Haihoads  in  Texas,  bg  donations  of  land7 
approved  J an na.ru  30t//,  1854. 

Section  1.  Be,  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  the  third  section  of  the  above  entitled  act  shall 
hereafter  read  as  follows  :  "  That  surveys  made  under  the  pro- 
visions of  this  act  shall  be  in  sections  of  six  hundred  and  forty 
acres  each,  unless  prevented  by  previous  surveys  or  navigable 
streams,  which  surveys  shall  be  delineated  upon  a  map  or  maps 
which  shall  be  deposited  in  the  General  Land  Office  with  the 
field  notes  thereof,  and  it  shall  be  the  duty  of  the  Commissioner 
of  said  office  to  number  said  surveys  from  one  upwards  to  the 
full  amount  returned,  and  shall  repeat  the  result  of  such  num- 
berings  to  the    Surveyor  of  the  land  district  in  which  such  but- 


C9 

s  arc  situated,  and  the  even  numbers  shall  bo  reseEred  to  the 
fcfcate,  and  the  odd  sections  granted  to  the  company  having  such 
surveys  made:  Provided,  that  Bio  location  shall  be  made  unless 
at  least  two  surveys,  connected  with  each  other,  can  be  obtained 
which  shall  be  mad-  and  counted  as  to  quantify,  in  accordance 
with  the  seventh  section  of  this  act  ;  and  that  the  company 
shaU  not  obtain dv  greater  number  < 
tions,  in  any  one  place,  than  are  surveyed  for  the  State. 
Approved  February  8«  I860, 


CilAPTER  53. 

:;.iX  A(T  common  schools. 

Sei  ti  >v:  1.     Be  it  <  ■■'■■•'■  b  d  bv  th<   L<  gwlgfure  of  tin    State  of 
Texan,  That   when    making  the    annua!    apportionment  of  the 
school  fund,  it  shall  be  the  duty    ol    the  County    Court  of  each 
bounty    to    require   ot  each  teacher  who  claims  any    money    on 
•nt  of  the  tuition  of  indigent  children,  to  produce  a  certifi- 
signed   by   two  respectable  paying   patrons  of  Ids   school. 
Stating  that  the  children  reported  as  indie.  M!t.  are  children  whose 
parents  or  guardians  are  unable  to   pay,  or  orphans   whoso    toi- 
ls   unpaid,    or  are    the    children  of  widows    who   have    no 
ter  amount  of  property  than  is  se'eured  by  the  Constitution 
and  laws  for  forced  sale.     And  unless   upon  Buch   certificate   no 
money  shall  be  allowed  or  paid. 

Sec.  2.  No  Chief  Justice  shall  be  allowed  to  make  any 
charg  ■  by  way  of  commission  or  otherwise  against  the  school 
fund,  for  his  s  in  relation  to  the  same. 

S    '.  3.     This  act  shall  take  effect  from  and  after  its  passage. 
Approved  February  8,  1SG0. 


CHAPTER  54. 

give 

vty  of  this  Sa  county  surveyor, 

■■<  I .     li  ■■!■''•■ 

inized  c  fail  or   reftw 


70 

•  ■  ■  -  ■  ■  telaad  district -according  to.  the  provisions  &S 
the  ab  ive  recited  act,  shall  continue  to  form  apart  of  the  land 
district  to  which  it  was  formerly  attached,  until  it  shall  have 
complied  with  the  provisions  of  the  afosesaid  act. 

Sid  2.  That  id  any  unorganized  county  to  which  a  special 
deputy  surveyor  may  have  been  appointed  or  may  hereafter  -be 
appointed  under  the  provisions  of  the  act  to  which  this  is  a  sup- 
plement, the  District  Surveyor  of  the  land  district  to  which  it 
la  attached  or  his  deputies  may  make  surveys,  the  field  notes  of 
whirl:  ihall  be  recorded  in  a  separate  book  for  each  of  such 
unorganized  counties  and  also  in  the  -ordinary  record  books  of 
the  land  district. 

Sec.  3.  That  the  District  or  County  Surveyor  of  any  county 
shall  have  the  power  to  appoint  a  special  deputy  who  shall  be 
empowered  to  perform  all  official  acts  which  said  District  cr 
County  surveyor  may  legally  perform,  and  that  the  said  special 
Deputy  Surveyor,  before  entering  into  the  discharge  of  his 
diitif  s3  shall  give  bond,  with  two  or  more  securities,  in  the  sum 
of  five  thousand  dollars,  payable  to  the  Governor  of  the  State, 
for  the  faithful  discharge  of  the  same. 

Sec.  4.  That  this  act  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  February  8,  I860. 


CHAPTEE 


DO. 


AN  ACT  to  amend  the  sixth  ahct  seventh  sections  of  an  act  enti- 
tled "  a'i       ■'  .  ■■:  ,'nJ'itiiKj  sequestrations."  approved  March  15, 

18. 
Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  the  sixth  section  rrf  an  act  entitled  "an  act  regula- 
ting sequestrations,"  approved  March  15th,  1848,  is  hereby 
amended  si-  that  the  same  shall  hereafter  rexd  as  follows,  to-wit; 
Thai  hereafter  any  defendant  whose  property  has  been  taken  by 
writ  •<  ration,  shall  have  the  right  to  retain  the  same  by 

u.'liv.-ring  to  the  Sheriif,  or  other  officer  executing  such  writ,  his 
'.  payable  to  the  plain  tiff,  with  good  and  sufficient  ewe- 
ties,  to  be  approved  by  the  Sheriff  or  officer  taking  the  same, 
for  an  amount  of  money  equal  to  double  the  value  of  the  prop- 
erty sequestered,  wliich    oond,  if  the  property   sequestered  lie 


slaves  or  movable  property,  shall  be  conditioned  that  the  defend- 
ant will  not  Bend  away  the  same   oui  of  the  county  or   limi. 
the  Sial  .  ';:.;■  to  the  plaintiffs  affidavit  :  that  he  will  not 

make  an  improper  use  ol  the  Bafne,  a\u\   that  he  will  have    such 
ia  or  movable  property,  with  the  value  of  the  hire,  fruits  or 
rew'.ii!"   thereof,  ning   to   abide     the   decision   of    the 

'.  or  that  he  \vi  1  pay  the  value  thereof,  and  of  the  hire, 
fruits  or  revenue,  in  case  the  suit  shall  be  decided  against  him., 
If  the  proper  3tered   Ikj  real    prqperfcy,  the   condition   of 

said  b  >nd  shall  be  that  the  d  int  will  not  injur.'  such  prop- 

erty, and  that  he  will  pay  the  value  ^'i'  the  rents  of  the  same, 
in  ca  -  he  shall  he  condemned  so  to  do.  Such  bond  shall  be 
returned  to  the  Court  with  the  writ,  and  in  ease  the  suit  is  decided 
against  the  defendant,  final  judgment  shall  be  entered  against 
all  obligors  in  Buch  bond.,  jointly  and  severally.  Provided,  that 
nothing  in  this  section  shall  be  so  construed  as  to  require  a 
defendant  to  account  fqr  the  hire,  fruits  or  revenues  of  slaves  or 
movable  properly,  or  for  the  rents  v{'  real  property,  when  the 
object  of  the  suit  is  only  to  enfor.ee  the  payment  of  a  nuotrtg 
or  lien,  and  not  to  try  title  thereto. 

Secl  '2.    The  seventh  section   of  said  recited  act  is  hereby 
amended  so  that  the  .-am  •  shall  hereafter  readies  follows,  to-wit : 
The  Sheriff,  or  other  officer,  while  he  retains  the  custody  of  the^ 
irty,  shall  take  care  and  manage  the  same  in  a 
:   i:     may    confide  Ble  to  the  custody   of 

'  shall   he.  responsible,    for  their    acts   and 
Bhall  be  responsible  to  the  party  injured,  for  any  neglect  or  mis* 
aent  by  himself  or  by  those  tg  whom  he  has  confided  the 
ou«1    ly  or  mauae  ■.'  such  property  ;  and  he  shall  he  enti- 

tled l  a  just   compensation  and   all   reasonable  cha 

therefor,  t  »  h  ine  1  1-y  the  Court  or  Justice  of  the  !'• 

ig  jurisdiction  of  the  <  i  1  paid  out  of  the  proceeds  of 

the  property   seq  aent  be  given  in   favor  of  the 

the  writ  of  sequestration  ;  but  if  judgnftient  be 
irty  suing  out  said   writ,  then    such    compensation 
and  reasonal  del  by  him.     It  the  defendant 

does  no;  property  sequestered,    within  thirty   days 

are   thereof,  tbe  Sheriff  dr mther Officer  shall  deliver 
the*  oroperty  to  the    plaintiff,  upon  his  giving   bond,  payabl 
the  Sheriff  Oi  r,  in  a  sum  at  ueast  double  the  value  of 

the  |  red,  with    tv  r    good  and  su!ii< 

Btirefies  to  be  appr  >v<  d  by  the  officer,  conditioned  that  the  prop- 
ther  with  the  value  of  the  hird,  fruits  or  revenue  thereof, 
abide  the  decision    of  the  Court  :  v, 


72 

bond,  if  forfeited,  or  if  the  suit  be  decided  against  the  plaintiff, 
shall  have  the  force  and  effect  of  a  judgment  against  all  the 
obligorg  therein,  in  favor  of  the  defendant.  If  the  property 
sequestered  be  slaves,  and  the  defendant  does  not  replevy  the 
same  within  thirty  days  from  the  seizure  thereof,  or  the  plaintiff 
within  ten  days  after  the  expiration  of  said  thirty  days,  it  shall 
be  the  duty  of  the  Sheriff  or  other  officer  to  hire  out  said  slaves 
to  the  best  advantage. 

Approved  February  8,  1860. 


CHAPTER   56. 

AN  ACT  to  regulate  the  time  of  holding  the  District  Qourts  of 

the  Eighteenth  Judicial  District. 

Suction  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  the  District  Courts  in  the  counties  composing  the 
Eighteenth  Judicial  District  of  the  State,  shall  hereafter  be  held 
as  follows: 

,    In  the  county  of  Atascosa,  on  the  first  Mondays  in  April  and 
October,  and  may  continue  in  session  three  weeks. 

In  the  county  of  Bandera,  on  the  third  Monday  after  the  first 
Mondays  of  April  and  October,  and  may  continue  in  session  one 
week. 

In  the  county  of  Uvalde,  on  the  fourth  Monday  after  the  first 
Mondays  of  April  and  October,  and  may  continue  in  session  two 
wet'ks. 

In  tne  county  ot  Medina,  on  the  sixth  Monday  after  the  first 
Mondays  of  April  and  October,  and  may  continue  in  session 
three  weeks. 

In  the  county  of  Kinney,  on  the  ninth  Monday  after  the  first 
Mondays  of  April  and  October,  and  may  continue  in  session  one 
week. 

In  tne  county  of  Maverick,  on  the  tenth  Monday  after  the 
first  Mondays  of  April  and  October,  and  may  continue  in  session 
one  week. 

Sec.  2.  That  all  writs  and  process  that  have  been,  or  may 
hereafter  be  issued,  from  any  of  the  District  Courts  of  said  Dis- 
trict, shall  be  considered  as  returnable  to  the  terms  of  sai  I 
Courts  as  established  by  this  act,  and  shall  have  the  same  force 
and  effect  as  if  the  same  had  been  originally  so  returnable. 


SeCj  3.     That  all  laws  ami  parts  of  laws  conflicting  with  this 
(Wt,  be  and  the  same  are  hereby  repealed. 

Sue.  4.     That  this  act  take  effect  from  and  after  its  passage; 

Approved  February  8,  1SG0. 


CHAPTER   57. 

AN  ACT  to  authorise  the  formation  of  county  and  town   Agri- 
cultural Societies. 

Section  1.  Be  it  enacted  by  the  legislature  of  the  State  of 
Texas,  That  any  ten  or  more  persons,  inhabitants  of  this  State, 
who  shall  desire  to  form  a  town  or  county  Agricultural  or  Hor- 
ticultural Society  in  any  county,  town,  city  or  village  of  thii 
State,  may  mate,  sign  and  acknowledge  duplicate  articles  of 
association,  before  any  officer  authorized  to  take  acknowledg- 
ment of  deeds  in  this  Stale,  and  tile  the  same  in  the  office  of 
tin1  county  clerk  of  the  county  in  which  the  business  of  the 
Society  is  to  be  conducted  :  in  which  articles  shall  be  stated  the 
nam"  by  which  such  Society  Shall  be  known  in  law.  the  partic- 
ular business  and  objects  of  such  Society,  the  number  "of  trustees , 
directors  or  managers,  Who  shall  manage  the  same,  and  the 
names  of  such  directors,  trustees  or  manager^  thereof,  for  the 
lirst  year  of  its  existence. 

Sec.  ~.     That  upon  filing  Bitch  article sOf association  asftfbre- 

said,  the  persona  who  shall  have  signed  tie-  Battle',  and  their 
associates  and  successors  shall,  thereupon,  and  by  Virtue  of  this 
act,  be  known  as  an  Agricultural  Society,  by  the  name  stated  in 
such  articles  :  Provided,  no  two  Societies  shall  assume  the  same 
name  :  and  by  that  name  thy  shall,  in  law.  be  capable  of  taking 
and  receiving,  purchasing  and  holding  real  estate  for  the  pur- 
p  ia  •  of  (heir  S  iciety.  but  for  no  other  purpose,  to  an  amount 
Bol  exceeding  twenty-five  thousand  dollars  in  value,  if  a  county 
ity  ;  and  \i-n  thousand  dollars  if  a  town,  eity  or  village 
Society:    and    of   personal    estate,    for   a    like   purpose,    to    an 

amount  not  exc ling  ten  thousand  dollars,  if  ae.uniy  S<'ei,;v  ; 

and  five  thousand,  if  a  town,  village  or  eity  Society  :  and    may 
make  all  necessary  by-laws  for  the  managem<  nl  of  said  Socii  t.y, 
not  inconsistent  with   the  laws  of  this   State  or  of  the   United 
Stat  s. 
Sec.  3.     That   any  person  wh  >  shall  pay  into  th 


74 

.Society,  annually,  in  such  time  and  manner  as  the  by-laws 
thereof  shall  direct,  a  sum  of  money  not  less  than  one  nor  more 
than  two  dollars,  and  subscribe  to  the  articles  of  association,  shall 
be  a  stockholder  therein,  anil  entitled  to  all  the  privileges  and 
immunities  thereof. 

Sec.  4.     That   the  officers  of  said  Society  shall   consist   of  a 
ide.ttt,  a  Secretary  and  Treasurer,  and  at  least  five  Directors, 
and  they  shall  be    elected  annually  by  the   stockholders    of  said 
:  •:  v  ;  and  said  officers  shall  constitute  a   board  for  the  man- 
men  t    of  the    concerns   of  said    Society,  a  majority  whereof, 
shall  be  a  quorum  ;  and  it   shall  be  the   duty  of  said    officers  to 
manage   the    property  and  concerns  of  said  Society  as  will   best 
promote    the    interests    of    agriculture,  horticulture    and     the 
bailie  arts;  and  they  may  hold  fairs  and  exhibitions,  and  may 
distribute   premiums  for  the  best  and  most    meritorious    animals 
or  articles  exhibited   in  these    several  departments,  as    shall  be, 
bv  their  by-laws  and  these   regulations,  provided. 

Sec.  5.  That  there  shall  be  but  one  county  Society  in  any 
one  county  of  this  State,  nor  shall  there  be  more  than  one  town 
Society  in  any  one  town,  village  or  city  ;  but  two  or  more  towns 
uu'v  join  and  organize  a  town  Society  for  towns. 

Sec.  6.  That  the  said  Societies  shall  have  authority  to  sell 
the  whole  or  any  part  of  their  real  estate  by  a  vote  of  not  less 
than  two-thirds  of  the  members  present  at  any  annual  meeting, 
notice  by  some  member,  of  the  intention  to  make  an  application 
for  the  sale  thereof,  having  been  first  published  once  a  month  for 
three  months,  in  some  newspaper  in  the  county  in  which  such 
Society  is  situated,  or  if  there  is  no  newspaper  printed  in  said 
eouniy,  then  in  some  paper  in  an  adjoining  county. 

Sec,  7.  That -the  .President,  Secretary  and  Treasurer  of  said 
Societies  shall,  on  or  before  the  1st  day  of  February  in  each  year, 
make  out  and  have  published  in  some  newspaper  published  in 
said  county,  if  there  be  one  published,  and  if  not,  then  in  some 
newspaper  in  an  adjoining  county,  a  statement  of  the  transac- 
tions of  said  Society  for  the  preeeding  year,  and  giving  a  full 
f  >d  of  the  receipts  and  expenditures  thereof,  with  a  list  of 
the  premiums  awarded,  and  to  whom  and  for  what  purpose. 
This  act  shall  take  effect  from  and  after  its  passage. 

Approwd  February  8,  lSb'O. 


7.3 

AX  ACT  sur  tary  to  an  act   to  for  th  registry 

of  deeds  and  othe*  instrmnents  of  iv 

Section  .1.     B(  it  enacted  by  the  Legislature  of*  the   State- of 
Texas,  That  when  a  witness  to  any  insti  of  Writing  which 

by  law  may  bevec4>rded,  shall  fan1  I  .    in  obedience  to  any 

subpoena   issued   by   an  offider   authorized  to  take  ilia  ]  n 
such  instrument  ;'  )■  registration,  sumra  i   to  appear  and 

make   affidavit   in   relation    to  the  exi  me,  the 

r    who    i  ie  BTibpo  e  saine  power  to 

en  fori  attendance,  and   to  compel  his  answers  on  oath,  in 

nil  to  tli  '  such  instrument  the 

District  Court  hae  to  compel  tl  wit* 

s.     Provided,  that   ;m  attachment   shall  in  no   oa6e  ii 
without  the  sa  ipensation  is  made  or  tendered  to  each  - 

.  as  is  allowed  to  witness  s  in  other  :       -  ;  arid   further  ]  r- 
vhh\l  th.-:r    uovi  [uired  to  gjo  beyond  the   limits 

;  of  his  residence^  w..<  previsions  of  this  : 

unless  he  shall,  for  the  time  bi  Potind  in  the  county  where 

the  execution  oi  snch   instrument    is   sought   to    be    proved  for 
Oration. 
Sec.  2.     That  any  grant,  deed  or  otfci  aooent of  writing 

the  conveyance  of  real  estate  or  personal   property  or  1 
oi' for  the  aent  thereof  in  marriage,  i  "ate  property 

or  conveyance  same   m  mortgage,  or  trusl  to  uses,  or 

ponditions,  as  well  as  any  and  every  other   deed  or   instrument 
required  or  permitted  by  lawto  be  regi  .ml   which    si 

been  hi  fi  I  if  re  registered  or  recorded,  shall  he  held  to  have 
I       i  lawfully  registered,  with  the  full 

existing  laws.     Provided,  thesame  shall  have -been  acknowli  d 
by  the  grantor  or  grantors  before  any  Chief  Jus  Associate 

Justices  or  Clerk  <  Hintj  Court  or  Notary  Public   in  any 

ty  within  tin  Republic   or  the  now  State  of    Texas, 

Judge  of  the  Departu  or  any   primary  Judg 

> t  instance   in  1835. or   1S36,  or  proven   before 
any    such   officer,  by 

th  sreto.  and  certifr  d  b  er,  whether  such  aeknowl  I 

proof  sb  ill  h  riy  such   i 

>untj  where  such  instrument   BUoukl  have  beel  roc 

'1  have  I 
aeknowl  'dged  or  proven  befoi  i  an]  lamed    in  th  i 

a   of  this  act,  aud    which  shall   h         been   aft 


76 

recorded  in  the  proper  county,  or  certified  copies  thereof  shall  be 
evidence  in  the  Courts  of  this  State,  as  full  and  sufficient  as  if 
such  acknowledgment  had  been  taken,  or  proof  made  in  accord- 
ance with  existing  laws.  This  act  shall  not  be  so  construed  as 
to  efiect  or  bind  in  any  manner,  any  person  or  party,  with  con- 
structive notice  of  the  existence  of  any  deed,  or  other  instru- 
ment of  wiiting  as  a  recorded  deed  or  instrument,  except  in  the 
future,  and  after  the.  taking  effect  of  this  act,  unless  such  person 
or  party  would  have  been  so  affected,  or  bound  with  such  notice, 
had  this  act  never  been  passed. 

Sec.  4.  Every  partition  of  any  tract  of  land  or  lot,  made 
under  any  order  or  decree  of  any  Court,  and  every  judgment  or 
decree  by  which  the  title  of  any  tract  of  land  or  lot  is  recovered 
shall  be  duly  recorded  in  the  Clerk's  Office  of  the  County  Court 
in  which  such  tract  of  land  or  lot  or  part  thereof  may  lie,  and, 
until  so  recorded,  such  partition,  judgment  or  decree  shall  not  be 
received  in  evidence  in  support  of  any  right  claimed  by  virtue 
thereof.  It  shall  not  be  necessary, in  such  cases  to  record  the 
proceedings  or  the  decree  rendered  in  such  cases,  in  full,  but  a 
brief  statement  by  the  Clerk  of  the  Court  in  which  the  same  is 
made,  under  his  hand  and'seal,  setting  forth  the  case  in  which 
the  partition  or  decree  was  made,  and  the  date  thereof,  and  the 
names  of  the  parties  in  the  suit  or  partition,  and  the  particular 
hind  or  lot  lying  in  the  comity  in  which  the  record  is  made,  and 
the  name  of  the  party  to  whom  the  same  is  decreed,  shall  be 
deemed  and  held  to  be  a  sufficient  record  of  such  partition,  judg- 
ment or  decree. 

Skc.  5.  This  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  February  9,  1SG0. 


CHAPTER  59. 

AN  ACT  to  reorganize  the  Thirteenth  Judicial  District,  and  to 

fixikt  time  of  holding  C-urrts  therein. 

8>BCTI0N*  1  Be  It  kneieted  bif  tJb  ..Legislature  of  the  State  of 
Texas,  That  the  Thirteenth  Judicial  District  shall  be  composed 
of  tin  counties  of  Madison,  Robertson,  Falls,  Limestone,  Hill, 
Navarro,  Freestone  and  Leon. 

Sho.  2.     That  the  District  Court  shall  be  held  in  Madison  on 


77 

the  first  Monday  In  March  and  September,  and  maj  continue  in 

session  one  week. 

In  the  county  of  Robertson,  on  the  first  Monday  after  the 
first  Mondays  in  March  and  September,  and  may  continue  in  ses- 
sion two  weeks. 

In  the  county  of  Fails,  on  the  third  Monday  after  the  first 
Mondays  in  Match  and  September,  and  may  continue  in  Bession 
two  weeks. 

In  the  county  of  Limestone,  on  the  fifth  Monday  after  the 

first  Mondays  in  March  and    ►September,  and    may   continue    in 
session  one  week. 

In  the  comity  df  Hill,  on  the  sixth  Monday  after  the  first 
Mondays  id  March  and  September,  and  may  continue  in  session 
one  week. 

In  the  county  of  Navarro,  on   th<  bh  Monday  after   the 

first  Mondays  in  March  and  September,  and  may  continue  in 
sion  two  weeks. 

In  the  county  of  Freestone,  on  the    ninth    Monday    after    tin1 
first  Mondays  in  March  and^September.  and  may  continue  in 
sion   one  week 

In  the  county  of  Leon,  on  the  tenth  Monday  after  the  first 
Mondajrs  in. March  and  September,  and  may  continue  is  session 
two  week's. 

SflC.  3.  Thai  writs  and  processes  of  every  kind,  that  have 
been  or  may  be  hereafter  issued  from  the  District  Court  of  the 
counties  mentioned  in  this  act,  shall  be  returned  to  the.terms  of 
said  Court,  as  established  by  this  act,  and  all  such  writs  and  prov- 
es shall  have  the  same  farce  and  effect  in  law  as  if  they  had 
originally  been  so  returnable. 

SBC.  4.  That  all  laws  and  parts  of  laws  in  conflict  with  this 
act  are  hereby  repealed  ;  and  that  this  act  take  effect  and  be  in 
force  irom  and  after  its  passage.   • 

Approved  February  9,  186U 


CHAPTER   CO. 

AX  ACT  to  reorganize   the   Sixteenth  Judicial  District  of  the 
ite   of  Ttxatf  and  to  define   the  time  of   holding  Court* 
therein. 

h  1    Be  it  enacted  by  ih-.   Legi  latuft  of  the  Stat*  of 


73 

Sis teeiith  Judicial   District   of  the    State  of 
Texas,  shall   hereafter  be   composed  of  the  counties   of.  Dallas, 
■  and  Tarrant. 
.  .     Tbe  Dhorict  0<  tall  be  held  twice  in  each  year, 

.  !  »istrict,  as  follows  : 
J:i  m!y  of  Ellis,  on  the  first  Mondays  in  March  and 

ember,   in  each  year,  and  may   continue    in    session  three 
\vc  I 

In  the  county  of  Johnson,  on  the  fourth  Mondays  rf  March 
and  September,  and  may  continue  in  session  two  weeks. 

In  the  county  of  Parker,  on  the  second  Monday  after  the 
fourth  Mondays  of  March  and   September,  and  may  continue   in 

■  >n  three  weeks. 

In  the  county  of  Tarrant,  on  the  fifth  Monday  after  the  fourth 
Monday  in  March  and  September,  and  may  continue  in  session 
three  weeks. 

In  the  county   of  Dallas,  on  the   eighth   Monday   after   the 
iburth  M  uiday    of  March  ami  September,  and  may   continue"  in 
a  umii  the  business  of  the  term  is  disposed  of. 
'.  3.     All  writs  and  other  process  issued  from  the    District 
CoJirta  of'  any  of  the  counties  named  in  this  act,  after    tire  com- 
mencement of  the  Spring  terms  of  the  Courts  of  the  respective 
the   year    1860,  shall   be  made  returnable  to  the 
tones  of  said  Courts  as  established  fey  this  act.     And  all  cases  of 
al   or  writs   of  error,    from    the  judgment   of  the    District 
In  the  District,  shall  bo  returnable  to  the  branch    of  the 
Supreme  Court  at  the  City  of   Austin. 

All  laws  and  parts  of  laws  contravening  the  provisions  of  this 
act,  are  hi  rein  repealed. 

iCl  5.     This  act  shall    take  effect  and  be  in  force  from  and 
■iheilrst  Monday  of  August,    A.  D.    1SG0.    And    the   fisrfc 

■  of  Courts,  under  this  act,  shall  commence  on  the  first  Mon- 
day in  March,  1861. 

Approved  February  9,  I860. 


CHAPTER   61. 

--LV  ACT  to  fix  the  time   of  holding  Courts  in  the   Nineteenth 
J  a  licial  District,  and  to  dfine  said  District. 
S^eTio:;  1.     Be  it  enaeted  by  the  Legislature  of  the  State  of 


79 

Terns,  That  the  Nineteenth  Judicial  District  shall  be  composed 
lie  counties  of  Bell,  McLennan,  Bosque,- Erath,  Palo  Pinto, 
Comanche^  Ooryell  and   Hamilton* 

Sec.  2.     The  District  Ooi  Held  in  Bell   oounty^oh 

the  lirs  t  Moncjays  in  March  ami  Septembery  and  may^coatiuaB  in 

session  two  weeks. 

In  the  county  of  McLennan,  on  the  third  Mondays  after  the 
llrsi  Mondays  in  March  and  S  r,  and   may   continue   in 

session  three    weeks. 

In  thecounty  of  Bosque',  on  thesixth  Mondays  after  the  first 
Mondays  in  March  and  S<  ptein.ber,  and  pfeiy  contiaue  in  si  i 

one'  we.':;. 

In  thecounty  of  Erath,  on  ■  Mi  Mondays  after  tl><?  first 

Mondays  in  March  and  September,  and   may  coutiiiiue  in  set 
one  week. 

In  Palo  Pinto  bounty,  on  the  <?jgfith  Monday's  after  "the  first 
Mondays  in  March  an  tnber,  ahd  ihay  fcontihwe  in   ijesaion 

One  week. 

In  the  county  of  C  .  on  the  ninth  Mondays  after 

first  Mondays  in  March  ami  September,  and    may   continue    in 
lessi  "a  one  w 

In  Hamilton  county,  on  the  tenth  Mondays  after  the  first 
Mondays  in  March  and  Septihil  I   may  continue  in   session 

one  week. 

In  Ooryell    county,    on  the    eleventh     Mond  ya 
(irat  Mondays  in   March  and  S  r.  and  inay   continue  in 

session  until  the  business  of  tria  term  is  disposed  ot. 

c.  3.     Thai  all  process issuod  before  the ^assa^e  of 
shall  be  returnable  in  like  manner  as  if  a  issued 

under  thi 

Se  ■.  •  }.     Thai  all  laws  and  parts  dC  laws  in  i  ith  this 

a  I.  be  and  ftho  same  am  hereby    repealed;  add  that  this   act  he 
hi  f'lir-  from  and  after  its  n  issa 
1  Fehi-  lary  10,  I 


CHAPTER  62. 

AN  ACT  making  an  appr  present 

buildings,  j  ng  out- 

the  grounds,  an  I  for  intaiit- 

ana  of  the  I  '.urn  for  i  I  '■■'•  '  and  1  i 

N    1.      U 


£0 

Texas,  That  the  sum  of  fifty  thousand  dollars  or  :.o  much  thereof 
as  may  be  necessary  be,  and  the  same  is  hereby  appropriated 
out  of  any  money  in  the  Treasury  not  otherwise  appropriated 
for  the  years  1800  and  1861,  for  completing  the  present  build- 
ings, for  erecting  out-houses,  for  enclosing  a  portion  of  the 
grounds,  and  for  the  organization,  support  and  maintainance  of 
the  Lunatic  Asylum  for  the  years  1860  and  1861. 

Skc  2.  That  the  remainder  of  the  sum  heretofore  appropri- 
ated for  the  said  Asylum  be,  and  the  same  is  hereby  re-appro- 
priated  for  carrying  out  the  objects  of  this  act. 

Sec.  3.  That  the  apparatus  procured  for  heating  the  Capitol 
be  applied  to  heating  the  Asylum,  if  found  practicable' for  that 
purpose. 

Sec.  4.  That  the  dues  and  revenues  of  the  Asylum  are  hereby 
appropriated  for  the  support  and  maintainance  of  the  same. 

Sec.  5.  That  this  act  take  effect  from  and  after  its  passage. 

Approved  Feb.  11,  1860. 


CHAPTER   63. 

AN  ACT  to   authorize  and  require  the   Gommmissioner  of  the 

General  Land  Office  to  patent  the  surveys  made  by  virtue  of 

certain  Peters's  colony  augmentation  certificates. 

Section  1.     Be  it  enacted  by  the  Legislature  of  the  State  of 

Texas,  That  the  Commissioner  of  the  General  Land  Office  be 

required  to  patent  surveys  made  by  virtue  of  the  augmentation 

certificates  issued  by  the  County  Court  of  the  counties  in  Peter's 

colony  to  the  colonists  who  married   in   said  colony,  prior  to  the 

first  day  of  July  1848,  and  which  was  issued  prior  to  the  first 

day  of  February  1855,  the  same  as  in  other  cases. 

Sec,  2.     That  this  act  take  effect  and    be   in  force  from  and 
after  it  passage. 
Approved  Feb.  11,  1860. 


Si 
CHAPTER  04. 

AN  ACT  ordering  the  return  of  certificates  in  Fisher  &  Hitter's 

colony. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  from  and  after  the  passage  of  this  act  no  return  of 
field-notes  to  the  General  Land  Office  of  surveys  made  in  Fisher 
&  Miller's  colony  shall  be  considered  a  legal  return  unless  the 
field-notes  are  accompanied  by  the  certificates  under  which  the 
lands  so  surveyed  or  claimed,  or  unless  such  certificates  are  on 
file  in  the  General  Land  Office. 

Sec.  2.  That  in  all  cases  where  field-notes  have  been  hereto- 
fore returned  to  the  General  Land  Office  without  the  certificates 
the  said  certificates  shall  be  returned  before  the  first  day  of 
September,  A.  D.  1*860,  and  all  surveys,  the  certificates  for 
which  shall  not  then  have  bsen  returned,  shall  become  vacant 
and  subject  to  entry  and  survey  under  any  other  valid  colony 
Certificates. 

Sec.  3.  That  this  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved  11th  February,  18G0. 


CHAPTEB  65. 

AN  ACT  regulating  the  time  of  holding  Justices'  courts  in  the 
counties  composing  the  twelfth  Judicial  District. 
Section'  1.  Be  it  enacted  by  the  Legiskdure  of  the  State  of 
T<  xas.  That  hereafter  Justices'  Courts  for  the  trial  of  civil 
Causes  may  be  held  in  the  counties  composing  the  twelfth  Judi- 
cial District  on  any  day  of  the  week  ;  all  Sundays,  the  first  day 
of  January,  the  twenty-fourth  day  of  June,  the  fourth  and 
twenty-fifth  days  of  July,  the  first  Monday  in  August,  the 
twelfth  and  twenty-fifth  days  of  December,  Monday,  Thursday 
and  Good  Fridays  excepted. 

E  .  2.  That  only  three  days'  notice  by  service  of  citation 
Shall  be  required  to  compel  any  defendant  t  i  appear  and  answer 
In  any  of  said  Courts,  and  that  any  oontinuan  ••  that  may  be 
applied  for  by  either  party,  may  fe  granted  for  any  specified 
number  of  days  less  than  thirty  ;  and  that  the  proceedings  ia 
F 


82 

all  otb  •;•  respects   &!iall  be  conducted  in  conformity  to  the  laws 
regulating  Justices'  Courts. 
Approved  February  11th,  18G0. 


CHAPTER  66. 

AN  ACT  authorizing  the    Comptroller  of  public  accounts   to 

dispose  of  United  States  Bonds. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
ts,  That  the  Comptroller  of  public  accounts  be,  and  he  is 
hereby  authorized  to  sell  and  convert  into  cash,  the  three  hun- 
dred and  five  thousand  dollars  of  the  United  States'  Bonds  now 
i;i  the  State  Treasury,  belonging  to  the  General  State  Fund, 
and  pay  the  proceeds  thereof  into  the  State  Treasury  to  go  into 
the  General  State  fund  :  provided,  the  said  Bonds  shall  not  be:, 
6  'Id  at  less  than  their  par  value  :  and  that  this  act  take  effect 
and   be  in  force  from  its  passage. 

Approved  Feb.  11th,  1860. 


CHAPTER  67. 

AN  ACT  concerning  Factors  and  Commission  Merchants. 

SECTION   1.     Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  no  factor  or   commission   merchant  to  whom  an) 
on,  sugar,  produce  or  merchandize  of  any  kind  is  consigned 
for  sale   on  commission,  or  otherwise    shall  purchas  the  samj  oi 
reserve  any  interest  whatever  therein  upon  the  sale  of  the  sam< 
either  directly  or  indirectly  in  his  own  nam',  or  in  the  name  o 
through    the    instrumentality  of    another  for  his  own  benefit  o 
lor   the   benefit  of  another,   or  as  factor  or  agent,  of  any  other 
.person,  without  express   license  from   the  owner  or  consignor  ol 
such  cot  t<ai,  sugar,  produce  or  other  merchandize,  or  some  person 
authorized   by   him,  given  in  writing  so  to  do,  under  a  penalty* 
of  a  forfeiture  of  one-half   the  value  of  cotton,   sugar,    produce 
or   other   merchandize  so   purchased   or  sold,  to  be  recovered  bjl 
the  owner  of  the  same  by  suit  before  any  court  of  competenl 


Jurisdiction  in  the  <    unty  Where  the  sale  took  place  or  wh 
the  offending  |  sides. 

Ssj.  '•'.  Upon  the  sale  of  any  cotton,  sugar,  produce  or 
m  t  :ha»di  .  •  c  n\  signed  for  sale  to  any  factor  or  commission  mer- 
eh  mt,  il  sh  ill  1» '  his  duty  within  a  reasonable  time  thereafter  to 
render  to  the  owner  or  consignor  thereof,  a  complete  account  of 

tti  >re  >f,  tfhioh  shall  state  the  date  of  the  sale,  the  natui 
the   purchase,  the   terms  of  the  sale,   and    if  cotton,  sugar   or 

:•  produce  sold  b*  weight,  the  weighl  of  the  same  in 
&nd  the  tare  allowed,  and   be  accompanied  by  the  i 
memorandum  signed  by  the  weigho*  who  weighed    the  eann 
the  weight  and  conditions  as  required   by  law,  inula-  the  penalty 
©f  not  more  than  five  hundred  norless  than  one  hundred  dollars 
wered  as  in  the  preccdiug  section. 
Sec.  3.    No  commission  merchant  or  factor  shall  b 
bo  in ake  any  <  ir  mending    a   patching  or  roping  bales,  or 

ior  cooperage  or  repairing  l-i!  s,   or  for   la'nr,  or   hau 
artage,   or    for  storage,    for  marking,  or  weighing,  unless 

has  been  actually  done;  and  in  case  of  any  such 
a  bill  of  particulars  shall  be  rendered.  Any  usage  or  custom  to 
mike  su  :h  charge  by  rate  or  average  to  the  contrary  notwith- 
ling  ;  and  the  pers  m  offending  against  the  provisions  of 
this  section  shall  be  liable  to  a  penalty  of  not  more  than  five 
hundred  dollars,  nor  lessthaa  one  hundred  dollars,  to  be  I 

■  or  consignor  as  in  the  preceding  s  sction, 
ived  1  Lth  February^    18 


CHAPTER  G& 

time  of 
'<■'. 
i'io\  l.     Be  it  enacted  bjg  tlit    Legislature 

the  District   Courts  of  the  ninth  Judicial  District 
shall  hereafter  be  hold  m  follows  : 

;  C  »urt  "i   Houston  county  shall   be  held  on  the 
third    Mmiayj  of   February  and    A.uji  1   may 

iu  -  ;ssiou  tin  -.     The   I  district  ( !ourl  of  <  Jin 

I  on    the  tliird    Monday  after   the  third  Mondays 
h'hrniry   ai  1    A  ad  may  continue   in  session 

• '  ■  lera  a    :ounty  shall 


84 

on  the  seventh  Monday  after  the  third  Mondays  in  February 
and  August  and  may  continue  in  session  four  weeks.  la  Hen- 
derson county  on  the  eleventh    Monday  after  the  third  Mondays 

in  February  and  August  and  may  continue  in  session  two 
week-.  In  Kaufman  county,  on  the  thirteenth  Monday  after  the 
third  Mondays  in  February  and  August  and  may  continue  in  ses- 
sion two  weeks.  In  Van  JZandt  county  on  the  fifteenth  Monday 
after  the  third  Mondays  in  February  and  August  and  may  con- 
tinue in  session  two  weeks  ;  and  in  Smith  co&nty  oa  the 
seventeenth  Monday  after  the  third  Mondays  in  February 
and  August,  and  may  continue  in  session  until  the  business  is- 
•m  ,1  of  ;  and  all  writs  and  other  process  of  every  description 
pertaining  to  said  courts,  shall  be  returned  in  accordance  with 
-i  he  provisions  of  this  act. 

.  2.     That  all  laws  and  parts  of  laws  in  conflict  with  this 
be,  and.  the  same  are  hereby  repealed,  and  that  this  act  take 

and  be  in  force  from  and  after  the  first  daj  of  May  next. 
Approved  Feb,  11, 186 


CHAPTER  69. 

AN  ACT  to  repeal  "  an  act  supplemental  to  an  act  entitltd  am 
act  to  change  the  time*  of  holding  the  District  Courts  in  the 
tenth  and  fourteenth  Judicial  Districts,"  approved,  February 
12th,  1853,  and  to   amend,  the  second  section  of  "  on  ad  to 
chanye  the  time  of  holding  the  District  Courts  in  the  tenth 
and  fourteenth  Judicial  Districts,"  passed  Jidy '24th,  1856. 
Section  1.     Be  it  enacted  by  the  Legislature  of  the  State  of 
T>xas,  That  section  second  of  "an  act  to  change  the  time  of 
holding  the  Pisti-ict  Courts  in  the  tenth  and  fourteenth  Judi- 
cial Districts/'  passed  July  24th,  1856.,  be  so  amended  as  to  read 
as  follows  : 

That  the  District  Courts  shall  be  held  twice  a  year  in  each 
of  the  counties  composing  the  fourteenth  Judicial  District  as- 
follows,  to-wit  : 

In  the  county  oj  San  Patricio  on  the  first  Monday's  in  April 
and  October,  and  may  continue  in  session  one  week. 

In  the  county  of  Live  Oak  on  the  first  Mondays  after  the  first- 
Mondays  in  April  and  Octob;r?  and  may  co&tlnue  in  session 
one  week. 


So 

In  the  county  of  Karnes  on  the  second  31  md.iyg  aft  ir  the  first 
fefjndays  in  April  and  Oct  »ber  and  may  continue  in  session  two 
weeks. 

In  the  county  of  G  diad  on  the  fourth  Mori  lays  after  the  first 
Mondays  in  April  and  Ocl  ssiun  two 

weeks. 

I'M  tndays  after  the  first 
:  ivs  ia  April  anil  Ocl    b  x,  and  rnav  continue  in  session  two 

Week*. 

In  the  eighth  M  mdaj's  after  the  firs 

JM   ■  days  in  April  and  October  and  may  c  mtinue  in  a  one 

reek. 

In  the  county  of  N"uei  n  the  nin  li  M  mdays  after  the  first 
jM  adays  in  April  and  October,  and  may  continue  in  session 
until  the  business  is  disposed  of. 

s     .  2.     Tliat   "an  act  supplenitaital   to  an  ad  entitled  an 
to    change     the     time     of   holding    the    District    Courts 
find  fourteenth  Judicial   Districts,"  approved  Feb- 
ruary L2th,  1858.  be,  i  nd  the  same  is  hereby  repealed. 
Sec.  .'>.     That  this  act  take  ad   be   in  force  from 

i  its  pass 
Approved  Feb.  11,  I860. 


GHAPTEB 

AN  ACT  to  attach  th  county  of  B  fourth  Ju  "- 

■'  District,  m  an  act  jto  pr  <- 

or   the    time    of  holding    the    c  mrts  of    fi<<    >•  v  ral 
'th  Judic  '             ■  '■'.'"  ap 

n  »n"  1.     Bi  it  enacted  by  the  Legislature   of 

the  county   ol    Bl  i,  and   is  hereby  attached 

mrth  Judicial  District,  and  that  the  first  section  of  the 

above    recited    act   be     amended   so  as    hereafter   to    read    as 

it  : 

The  1'  mrt  of  B  1   begin   on   the  first 

31  ii  lays     '  }\  ir  :h  and  S  nb  r,  an  1  in  iy  c  mtin  •  -:  n 

i  \vc<  ks. 

Id  I  on  the  eighth  BJ  first 


86 

Mondays  of  March  and  September,  and  may  continue-  in  session. 
one  week. 

In  the  county  of  Blanco  on  the  ninth  Mondays  after  the  first 
Mondays  of  March  and  September,  and  may  continue  in  session 
\  nek. 

l\  the  county  of  Kerr  on  the  tenth  Mondays   after  the  first 
Mondays  of  March  and  September,  and  may  continue  in  session, 
one  week  ;  and  in  the  county  of  Gillespie  on  the  eleventh  Mon- 
days afrcr  the  first  Mondays  of  March  and  September,  and  may 
continue  in  session  two  weeks. 

Sec.  2.  This  act  shall  take  effect  and  be  in  force  from  ancl 
after  its  passage 

Approved  11th  February,  I860. 


CHAPTEE   71. 

AN  ACT  to  provide  for  the  payment  of  supplies  furnished  to- 

Capt.  John  Williams'  company  of  Hangers. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  the  sum  of  seven  thousand  rive  hundred  dollars  is 
hereby  appropriated  to  pay  for  the  necessary  supplies  furnished 
to  Capt.  John  Williams'  company  of  Hangers. 

Sec.  2.  The  Comptroller  of  puhlic  accounts  shall  examine 
and  adjust  the  vouchers  of  Capt.  Williams  and  other  parties 
having  furnished  articles  to  said  company  ;  and  before  paying 
the  same  shall  lie  satisfied  that  such  articles  were  necessary,  and 
were  furnished  at  reasonable  prices  and  consumed  by  the  men 
entirely  in  the  field  :  Provided,  that  the  amounts  for  which 
Capt.  Williams  or  his  lieutenants  have  made  themselves  indi- 
vidually liable  shall  be  paid  first,  and,  provided,  further,  that 
no  money  shall  be  paid  under  the  provisions  of  this  act,  unless 
proof  is  first  made  to  the  satisfaction  of  the  Comptroller  that 
the  supplies  we're  furnished  to  Capt.  Williams  while  acting  under 
the  lawful  authority  or  consent  of  the  Governor  and  duly  com- 
missioned by  him,  or  was  lawfully  in  the  service  of  the  State  at 
tin!"  the  supplies  were  furnished. 

Sec.  3.     That  this  act  take  effect  from  and  after  its  passage* 

Approved  11th  February,  1860. 


87 

CHAPTER   72. 

AN  ACT  to  a  nend  the  4th,  7th,  8th,  15th,  18th  and  34M  sec- 
tions of  an  act  to  provide  for  tlie  assessment  and  collection  of 
taxes,  approved  February  11th,  1850. 
Section  1.     Be  it  enacted  by  the  Legislature  of  tin  Stat* 
Texas,  The   fourth    section    of    said    act    be    so   amended  as 
hereafter  to  read  as  follows  : 

Section  4th.  The  Assessors  and  Collectors  of  the  Beveral 
counties  of  tins  State,  shall  severally  prepare  an  assessment  roll 
for  their  respective  counties,  in  which  they  shall  set  down  in 
Beperatc  columns,  in  alphabetical  order,  the  names  of  the  taxable 
inhabitants  thereof,  the  amount  and  description  of  the  property 
taxed,  real  and  personal,  tie' value  thereof,  and  the  amount  of 
taxes  due  thereon  :  for  which  purpose  they  shall  attend  in  each 
precinct  in  (heir  county  at  least  three  days,  to  receive  the  as 
men:  of  the  inhabitants  thereof,  and  they  shall  between  the  first 
days  of  January  and  May  in  each  and  every  year,  make  known 
by  public  adver  isemeat,  at  three  or  more  public  places  in  each 
precinct,  at  least  ten  days  before,  of  the  time  and  place  at 
which  they  will  attend  to  receive  the  inventories  thereof;  and  if 
any  person  or  persons  neglect  or  refuse  to  attend  said  appoint- 
ments and  render  a  full  and  complete  inventory  o\'  all  their 
property  subject  to  taxation  held  in  their  own  right,  or  as  a  trustee, 
guardian,  executor,  administrator,  agent  or  attorney,  it  shall  lie 
tit-  duty  of  the  Assessor  and  Collector  to  visit  such  persons  at 
their  several  places  ^t'  abode,  to  take  their  assessment,  if  to  be 
found,  if  not,  to  have  a  written  notice  requiring  such  persona 
to  render  an  inventory  of  their  taxable  property  at  his  office 
prior  to  the  first  day  of  May  thereafter;  for  which  service  he 
shall  be  entitled  to  a  fee  t^\'  one  dollar,  to  be  assessed  and  col- 
lected as  other  taxes  :  provided^  that  widows  shall  be  exempt 
from  the  above  fee. 

Skc.  :2.  That  the  seventh  section. of  said  act,  shall  hereafter 
read  as  follows  : 

Sec.  7.  The  list  required  under  the  1st  section  of  this  act, 
shall  contain  a  description  of  taxable  property  in  his  or  her  own 
right,  or  held  as  guardian,  executor,  administrator,  agent  or 
Attorney,  on  the  firs  1  day  of  January  of  the  current  year,  where- 
npon  the  A.ss  issor  an  1  Collector  shall  and  he  is  hereby  required 
to  administer  to  each  person  the  following  oath  :  "  You  do 
Solemnly  sweav  that  the  inventory  rendered  by  you  contain-  a 
full  deusri  all  your  taxabl 3  property  owned,  or   held  in 

four  own  right,  oi  as    .  isti  ■.  juirdiau,  executor,  administra 


agent  or  attorney,  (as  the  case  may  be)  on  the  first  day  of  Jan- 
uary last,  and  that  the  value  assessed  thereon  is  a  fair  and 
correct  market  value  for  the  same  according  to  the  best  of  your 
knowledge  and  belief."  Said  inventory  and  affidavit  shall  then 
be  signed  by  the  party  rendering  the  same,  and  shall  be  attested 
by  the  Assessor  and  Collector  :  Provided,  that  the  list  of  tax- 
able property  thus  required  to  be  furnished,  shall  not  be 
construed  so  as  to  include  the  products  of  the  soil  of  this  State, 
while  in  the  hands  of  the  producer.  It  shall  be  the  duty  of  each 
County  Court  in  the  State  to  revise  the  roll  of  their  respective 
Assessors  and  Collectors,  and  when  the  assessment  upon  any 
property  is  at  a  lower  rate  in  the  opinion  of  the  court  than  is  the 
true  value  of  such  property,  the  court  shall  have  the  pow^r  to 
correct  such  assessment,  iirovidtd,  such  property  is  situated  in 
the  county  where  such  revision  is  made,  and  shall  not  give  a 
certificate  to  the  Assessor  and  Collector  until  such  correction  is 
made. 

Sec.  3.     That  the  eighth   section   of  said  act   shall   be    so 
amended  as  hereafter  to  read  as  follows  : 

Section  8.  That  each  person  being  a  resident  citizen  of  this 
State  owning  or  claiming  surveyed  lands  situated  in  any  other 
county  than  that  in  which  he  resides,  may  render  the  same  for 
assessment  to  the  Assessor  and  Collector  of  the  county  where  he 
resides,  in  the  same  manner  as  other  property,  together  with  a 
full  and  complete  description  thereof,  and  the  name  of  the  origi- 
nal grantee,  and  its  number  on  the  abstract  ;  and  all  railroad 
and  canal  companies,  and  colonization  companies,  and  all  per- 
sons residing  beyond  the  limits  of  the  State,  owning  or  claim- 
ing surveyed  lands  situated  in  this  State,  may  in  like  manner 
render  the  same  for  assessment  to  the  Assessor  and  Collector  of 
any  county  in  the  State  :  Provided,  that  the  parties  thus 
rendering  the  property,  whether  a  resident  or  non- resident,  shall 
value  such  land  at  the  "  average  value  "  of  the  lands  in  the 
county  where  the  same  is  situated,  for  the  year  next  preceding 
such  assessment,  and  the  Comptroller  shall  ascertain  the  "aver- 
age value"  of  the  lands  in  each  and  every  county  of  this  State 
for  the  year  1859,  furnish  the'same  to  each  Assessor  of  the  State, 
and  before  the  first  day  of  March,  in  the  year  1860,and  for  every 
succeeding  year  he  shall  furnish  the  Assessor  with  such  "  aver- 
age value"  for  that  year  on  or  before  the  1st  day  of  January, 
then  next  ensuing,  and  ic  all  cases  when  in  consequence  of  any 
vague  and  imperfect  rendition  as  to  the  name  of  the  original 
grantee  or  other  description  of  the  surveyed  lands  so  rendered, 
the  same  cannot  be  identified,  and  is  declared  forfeeitd  to  the 


89 

State  as  provided  by  law  ;  the  person  making  such  imperfect 
description,  shall  be  required  to  redeem  the  same  as  though  it 
had  not  been  rendered  for  assessment,  and,  further,  provided, 
that  any  person  desiring  to  give  in  his  lands  for  taxation,  situ- 
ated in  counties  other  than  that  of  his  resilience,  may  make  out 
a  list  or  lists  thereof,  under  oath,  containing  an  accurate  descrip- 
tion of  the  same,  and  fhe  name  of  the  original  grantee,  and 
transmit  it  to  the  Assessor  and  Collector  of  the  county  where 
the  land  lies,  and  upon  the  receipt  of  all  such  lists,  it  shall  be 
the  duty  of  the  Assessor  and  Collector  to  assess  the  value  of  such 
laud  at  its  actual  value,  which  may  be  paid  to  the  Comptroller 
of  Assessor  of  the  county  where  the  owner  resides  :  Provi 
that  nothing-  herein  contained  shall  beso  construed  as  to  prevent 
non-residence  of  persons  who  own  lands  situated  in  Other 
counties  than  those  in  which  the\  reside,  from  giving  them  in  for 
ass  ssment.  in  the  county  in  which  they  are  situated,  as  other 
citizms  of  such  county. 

Sec.  4.  That  the  15th  section  of  said  act  he  so  amended  as 
hereafter  to  read  as  follows  : 

Section  15th.  Every  Assessor  and  Collector  of  taxes,  after 
lie  has  made  out  and  returned  the  assessment  roll  of  his  county, 
as  required  by  law.  shall  proceed  to  collect  the  taxes  therein 
mentioned,  and  for  that  purpose  shall  attend  in  each  precinct  in 
his  county  at  the  place  of  holding  elections,  at  least  three  days 
between  the  first  day  of  October  and  the  first  day  of  March,  to 
receive  the  taxes  from  the  residents  thereof,  for  which  purpose 
he  shall  make  known  by  public  advertisement  at  three  or  more 
public  places  in  each  precinct,  at  least  ten  days  before,  of  the 
time  and  place  at  which  he  will  attend,  and  if  any  person  or 
persons  shall   neglect  ot  refuse  to  attend  such  appointments  and 

pay  Over  their    taxes,    it     shall    he    the  duty  of  the    Assessor  and 

Collector  to  visit  such  person  or  persons  at  their  usual  place  of 
abode,  to  receive  the  same  if  to  ho  found,  if  not.  to  leave  a 
written  notice  requiring  such  persons  to  pay  over  their  taxes  at 
his  office,  prior  to  the  first  day  of  March  thereafter,  for  which 
service  he  shall  he  entitled  to  a  fee  of  one  dollar,  to  he  charge  1 
against  such  delinquent,  and  collect  as  other  taxc^  :  J'rnvi<l( '/, 
that  widows  shall  ho  exempt  from  paying  this  tee. 

Sec.  5.  That  the  18th  section  of  said  act  shall  he  so 
amended  as  hereafter  to  read  as  follows  : 

S  ction  18th,   That   the   Assessor    and    Collector    shall,  when 
any  property  has  been  sold  for  the    payment  of  taxes,  make  and 
i  deed   f>r  said  property,  to  the  person  or  persons  pur- 
sing the  same,  which    when    recorded  according  to  law,  shall 


90 

be  prima  facia  evidence  that  all  the  requisites  of  the  law  have 
been  complied  with  in  making  such  sale  ;  and  such  deed 
shall   also  he  prima  facia  evidence  that  all   the  pre-requisites 

to  the  exercise  of  the  power  to  make  said  sale  have  been  com- 
plied with:  Provided,  however,  that  the  owner  of  sucli  property 
shall  have  the  right  to  redeem  the  same  at  any  time  within  two 
years  of  the  day  and  date  of  sale  thereof,  upon  paying  to  the 
purchaser  or  Assessor  and  Collector  selling  the  same,  or  his  suc- 
cessor in  office,  double  the  amount  of  taxes  for  which  the  same 
wis  sold  ;  also,  double  the  amount  of  taxes  paid  on  such  pro- 
perty, by  such  purchaser  under  any  assessment  of  taxes  made 
subsequent  to  such  purchase  together  with  the  costs  of  sale  : 
Provided,  that  the  owner  of  any  property  redeeming  the  same 
from  the  purchaser  at  tax  sale,  shall  not  only  pay  double  the 
taxes  fir  which  the  property  was  originally  sold,  but  also  double 
the  taxes  paid  on  said  land,  by  such  purchaser  subsequent  to  his 
purchase  under  an  assessment  of  the  actual  value  of  such  land, 
and,  provided,  that  in  case  proof  is  made  that  the  taxes  upon 
the  land  mentioned  in  such  deed  were  paid  before  the  sale  took 
place,  or  that  the  law  has  not  been  complied  with  either  in  the 
assessment  or  sale,  then  such  deed  shall  not  be  construed  to  have 
any  force  or  effect. 

Sec.  6.  That  this  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  February  11,  1SG0.  „ 


CHAPTER   73. 

AN  ACT  supplemental  to  and  amendatory  of  an  act  entitled 
'•  an  act  to  establish  a  code  of  criminal  procedure  for  the 
State  of  Texas." 

Article  1.  Be  it  enacted  by  the  Lecjislcdure  of  the  State  of 
Texas,  That  the  following  articles  of  the  above  recited  act, 
commonly  known  as  the  Code  of  Criminal  Procedure  are  hereby 
so  amended  as  that  the  same  shall  hereafter  read  as  follows,  that 
is  to  say  : 


91 

INTRODUCTORY  TITLE. 

Chapter    -2. 

1\  ace   OJ/ia  rs. 

Article  35i.     If  any  Sheriff  or.  other  officer  shall   wilfully 

refuse  or  fail  from  neglect  to  execute  any  summons,  subpoena  or 
other  attachment  for  a  witness  or  any  other  legal  process,  which  it 
is  made  his  duty  by  law  to  execute,  he  shall  he  liable  to  a  fine  for 
contempt  in  a  sum  not  less  than  tin  nor  more  than  two  hundred 
dollars,  at  the  discretion  of  the  court,  having  cognizance  of  the 
same,  and  the  payment  of  said  line  shall  be  enforced  in  the  same 
manner  as  fines  for  contempt  in  civil  en 

TITLE  4. 
Uhapteb   2. 

the  duties,  privileges  and poioers  of  the  Grand  Jury. 

Article  380  shall  hereafter  read  as  follows  : 

If  the  Grand  Jury  shall  have  reason  to  believe  that  a  witness 
will  fail  to  obey  the  written  summons  authorized  to  he  issued  by 
the  preceding  article,  or  if  the  Grand  Jury  shall  deem  it  expe- 
dient that  an  attachment  issue  for  a.  witness  before  any  wriuen 
summons  shall  have  been  issued,  it  shall  he  the  duty  of  the 
i  nil  of  said  Grand  Jury  to  file  an  application  with  the  clerk 
of  the  District  (lourt  tor  an  attachment  for  such  witness,  and 
thereupon  it  shall  he  the  duty  of  such  clerk  to  issue  an  attach- 
ment, which  shall  authorize  the  sheriff  or  bailiff  to  arrest  the 
witness  ami  take  him  before  the  Grand  Jury. 

Chapteb  4. 

Proa  <  dings  preliminary  to  tr;<>L 

Article  437  shall  hereafter  read  as  follows  : 

Where  the    witness   resides    out  of   the    county    in   which  the 

pr<  secution  is  pending,  the  defendant  shall  he  entitled,  on  appli- 

-  the  court,  if  it  he  in  session,  ^r  to  th  s  clerk  in  vacation, 

tor  an  attachment   to  compel   tie-  attendance  o\'  such   witness. 

application  shall  he   in  writing   under  oath,  and  state  the 

name  of  the  witness,  the  couuty  of  his  residence,  and   that  the 


92 

testimony  of  the  witness  is  material  to   the   defence,  the  State 

sh  ill  also  be  entitled  to  attachments  under  the  provisions  of  this 
article  upon  the  written  application  of  the  District  Attorney, 
which  shall  contain  the  same  requisites  as  required  of  the 
defendant  under  this  a  tide. 

Article  437a.  If  the  attachment  authorized  to  be  issued  by 
the  preceding  article  is  made  returnable  forthwith,  it  shall  be  the 
duty  nf  the  .Sheriff  or  other  officer  to  whom  the  attachment  is* 
issued,  to  arrest  such  witness  and  take  him  before  the  court, 
from  which  the  attachment  issued,  but  if  said  attachment  is 
made  returnable  to  the  next  succeeding  term  of  the  court,  it  shall 
be  the  duty  of  such  sheriff  or  other  officer  to  arrest  said  witness, 
and  place  him  in  the  custody  of  the  Sheriff  of  the  county  in 
which  the  prosecution  is  pending,  whose  duty  it  shall  be  to  keep 
him  in  custody  until  the  next  term  of  the  District  Court  ;  Pro- 
vided, that  said  witness  shall  bo  discharged  from  the  custody  of 
the  Sheriff  at  any  time,  or  entering  into  bond  with  one  or  more 
good  and  sufficient  sureties,  in  a  sum  of  not  less  than  two  hun- 
dred dollars,  payable  to  the  State  of  Texas,  and  conditioned  that 
he  will  appear  and  testify  in  the  case  in  which  said  attachment 
issued,  which  bond  shall  be  approved  by  such  Sheriff  or  other 
officer  and  by  him  returned  with  the  attachment  to  the  clerk  of 
the  District  Court  of  the  county  in  which  the  prosecution  is 
pending. 

Article  437.  When  a  witness  has  given  bail  for  his  appear- 
ance, as  required  in  the  preceding  article,  his  bond  may  be 
enforced  against  him  and  sureties,  in  the  manner  pointed  out  in 
Articles  407,  408,  409  and  410,  for  recovery  upon  the  recogni- 
zance or  bail  bond  of  the  defendant. 

Of  cltanjc  of  Venue. 

Article  527a.  If  a  Judge  of  the  District  Court  shall  be  dis- 
qualified for  sitting  in  any  case  for  either  of  the  causes  mentioned 
in  the  14th  section  of  the  4th  article  of  the  State  Constitution, 
and  the  District  Attorney  and  the  defendant  shall  fail  to  appoint 
by  cons  ait,  a  proper  person  to  try  said  case,  it  shall  be  the  duty 
of  such  Judge,  at  the  suggestion  of  the  District  Attorney  or  the 
defendant,  to  grant  an  order  for  a  chmge  of  venue  of  the  cause 
to  the  nearest  county  out  of  his  district,  and  free  fiorn  the  like 
objection. 

ARTICLE  GG2.     Shall  hereafter  read  as  follows  : 
Tiie  confession  shall  not  be  used  if  at  the   time  it  was  made, 
the  defendant  was  in  jailor  other  place  of  confinement,  nor  while 


93 

he  is  in  custody  of  an  officer,  unless  such  confession  be  made  in 
the  voluntary  statement  of  the  accused,  taken  before  an  examin- 
ing court  in  accordance  with  law  or  be  made  voluntarily  after 
having  been  firsl  cautioned  that  ir  may  be  used  against  him,  or 
unless  in  connexion  with  such  confession  he  make  statement  of 
facts  or  of  circumstances,  that  are  found  to  be  true,  which  conduce 
to  establish  his  guilt,  such  as  the»finding  of  secreted  or  stolen 
property,  or  instruments  with  which  he  states  the  offence  was 
committed. 

part  4, 

TITLE  8, 

Of  Reports  relative  to  crime. 

Article  947  shall  hereafter  read  as  Follows : 
The  Attorney  General  shall,  on  the  first  day  of  Sentemfo  I 
each  year  on  which  the  regular  sessions  of  the  Legislature  are 
held,  communicate  to  the  Governor  of  the  State,  all  the  infor- 
mation which  he  has  received  from  the  district  clerks  under  I 
provisions  of  articles  044  and  946,  with  such  suggestions  theieou 
as  he  may  deem  useful  respecting  the  penal  laws  of  the  Si 
and  the  enforcement  of  the  .same, 

PAllT  b. 

TITLE  2. 

Of  costs  paid  by  the  State, 

Articlfl  955  shall  hereafter  read  as  foil  >ws  ; 
The  fees  allowed  to  the  Attorney  Gteneral  shad  bi   and 
Kid  ]  aid  by  <  (ticers  of  the  State  Treastir  . 
of  the  Chief  Justice  of  th<  orofthi  fsaid 

;.     The  fees  allowed  the  clerk  of  the  Court  shall 

be  audita  d  and  paid  by  thi  -  my.  Upon 

he  Chief.n.-  '  I  thi 

iffs  and   clerl  .1  f 

audited    and  paid  by  th  he  Trea  my.  uj)on 

the  certificate    of  the  Judgi    of  tbe  court   trying  the  can 
attached  to  the  bill 


TITLE  a 

Article  9G*2  shall  hereafter  read  as  follows : 

At  each  term  of  the  District  Court  of  his  county,  the  Sheriff 
inav  present  to  the  District  Judge  presiding,  his  accounts  i'o? 
the  keeping  of  prisoners  raid  maintaining  guards  since  the  last 
term  of  the  courts,  and  his  accounts  for  the  keeping  and  main- 
taining prisoners  brought  from  other  counties  for  safe  keeping 
shall  be  kept  separate,  and  also  for  all  expenses  incurred].))"  him 
for  food  and  lodging  of  jurors  in  eases  of  trials  for  felony  during 
the  term  at  which  his  account  is  presented,  which  account  shall 
be  verified  by  the  oath  of  the  Sheriff, 

Article  964  shall  hereafter  read  as  follows  : 

The  District  Judge  shall  give  to  the  Sheriff  a  draft  upon  the 
mty  Treasurer  fb r  the  amount  of  each  account  allowed,  not, 
including  tln.se  allowed  for  prisoners  brought  from  other  counties 
for  safe  keeping  by  him,  and  the  same,  when  presented  to  the 
Uouuty  Treasure*-,  shall  be  paid  out  of  any  money  in  his  hands, 
and  he  shall  also  give  the  said  Sheriff  a  draft  for  the  amount  of 
each  account  allowed  hy  him  on  account  of  any  prisoner  brought 
from  another  county  for  safe  keeping,  on  the  County  Treasurer 
of  the  county  from  which  such  prisoner  may  have  been  brought, 
and  the  same,  when  presented  to  the  Treasurer  of  such  last 
county,  shall  be  paid  out  of  any  money  in  his  hands, 


TITLE  4. 
Chapter    I. 

A  tmcLE  973a,  That  a  jury  tax  of  live  dollars  shall  be  charged 
and  allowed  in  the  bill  of  cost?,  in  all  cases  when  the  defendant 
is  convicted,  for  the  use  of  the  county* 

Chapter  2. 

Art.  :)74a.  In  all  trials  before  Justices  of  the  Peace,  Mayors 
r  Recorders  for  misdemeanors,  if  the  accused  shall  not  be  con- 
victed, the  person  making  the.  complaint  may  be  adjudged  to 
pay  the  costs  of  the  proceeding,  in  case  the  officer  before  whom 
the  case  is  tried  saall  be  satisfied  that  the  complaint  was  without 
foundation  in  fact. 


95 

FINAL  TITLE. 

Section  1.     That  this  act  take  effect  from  and  after  the  first 
day  of  July,  A.  D.  I860,  ex  septinjj  article  955,  of  pari  5,  title  '2, 
which  shall  take  effect  and  be  in  force  from  and  after  the  pa 
of  this  act. 

Approved  February  11,  1860. 


CHAPTER   74. 

AN  ACT  snpph  imendatory  of  an  act  entitled 

an  act  (<>  adopt  and  establish  a  Penal  Code  for  the  State  of 
Texas. 

Article  1.     Be  it  enacted  b  egislatun  of  the  Sled   of 

Texas,  That  the  following  chapters  and  articles  of  the  act  above 
recited,  comnrouly  known  as  the  Penal  Code,  be  and  they  are 
hereby  so  amended  so  as  that  the  same  shall  read  as  follows,  that 
is  to  say  : 


TITLE  10. 

C II  APT!' 

( ','  Brlbi ry. 

,.  .'';i0i.  If  any  person  shall  bribe  or  offer  to  bribe  i 
witness  in  any  case,  either  civil  or  criminal,  to  disobey  a  subpoena 
or  other  legal  process,  or  to  avoid  the  services  of  the  same  by 
BflCfcting  himself  or  by  any  other  nreans,  he  shall  be  punished  by 
confinement  in  the  penitentiary  not  less  thin  two  nor  more  than 
five  j  ears. 

Art.  310b.     If  any  witness  in  any  case,  civil  or  criminal,  - 

accept  a  bril ffered  for  the  purpose  or  purposes  mentioned  in 

the  next  preceding  article,  he  sh.il!  be  punished  by  imprisonment 
tnitentiary  not  less  than  two  nor  more  than  five  years. 


96 

Chapter  3. 

Offences  relating  to  the  arrest  and  custody  of  prisoners. 

Article  318  shall  hereafter  read  as  follows  : 

Any  Sheriff  or  other  officer  who  wilfully  refuses  or  fails  from 
neglect,  to  execute  any  lawful  process  in  his  hands  requiring  the 
arrest  of  a  person  accused  of  a  felony,  whereby  such  person 
escapes,  or  wilfully  refuses  to  receive  in  a  jail  under  his  charge, 
or  to  receive  into  his  custody  any  person  lawfully  committed  to 
such  jail  and  ordered  to  be  confined  therein  on  an  accusation  of 
felony,  or  lawfully  committed  to  his  custody  on  such  accusation, 
shall  be  fined  not  exceeding  two  thousand  dollars. 

Article  319  shall  hereafter  read  as  follows  I 

Any  Sheriff  or  other  officer  who  wilfully  refuses  or  fails  from 
neglect,  to  execute  any  lawful  process  in  his  hands,  requiring  the 
arrest  of  p-rson  accused  of  a  misdemeanor,  whereby  the  accused 
escapes,  or  who  wilfully  refuses  to  receive  into  a  jail  under  his 
charge,  or  to  receive  in  his  custody  any  person  lawfully  commit- 
ted to  such  jail  on  an  accusation  of  misdemeanor,  or  lawfully 
committed  to  his  custody  on  such  accusation,  shall  be  punished 
bv  fine  not  exceeding  five  hundred  dollars. 


TITLE  12. 

Offences  against  public  morale,  decency  and  chastity. 

Chapter  2. 

Of  incest  and  adultery. 


Article  389  shall  hereafter  read  as  follows : 

No  man  shall  marry  his  mother,  his  sister,  his  father's  sister 
or  half  sister,  his  mother's  sister  or  half  sister,  his  daughter,  the 
daughter  of  his  brother  or  sister,  or  of  his  half  brother  or  sister, 
the  daughter  of  his  son  or  daughter,  his  father's  widow,  his 
eon's  widow,  his  wile's  daughter,  the  daughter  of  his  wife's  son  or 
daughter, 


97 

Ch after  G. 

Of  the  crime  against  nature. 

Art.  300c.  If  any  person  shall  commit  with  mankind  or 
beast  the  abominable  and  detestable  crime  against  nature,  he 
shall  be  deemed  guilty  of  sodomy,  and  on  conviction  thereof,  he 
shall  be  punished  by  confinement  in  the  penitentiary  for  not 
less  than  five  nor  more  than  rrrYeen  years. 

I.  If  any  person  shall  obstructor  injure,  or  cause 
to  be  obstructed*  or  injured,  any  public  road  or  highway,  or 
common  street  or  alley  in  any  incorporated  city  or  (own,  or  any 
public  bridge  or  causeway,  or  shall  continue  such  obstruction,  bo 
as  to  render  the  same  inconvenient  or  dangerous  to  pass,  or  shall 
erect  or  establish  any  offensive  trade  or  manufacture  or  business, 
or  continue  the  same  after  it  has  been  erected  or  established,  or 
shall  in  anywise  pollute,  or  obstruct  any  water  course,  lake, 
i.  marsh  or  common  Fewer,  or  continue  such  obsrtuction  or 
pollution  so  as  to  render  the  same  unwholesome  or  offensive  to 
the  county,  city,  town  or  neighborhood  thereabouts,  or  shall  do 
any  other  act  or  thing  that  would  be  deemed  and  held  to  be  a 
nuisance  at  common  law,  shall  be  guilty  of  a  misdemeanor,  and 
on  conviction  by  indictment,  lined  in  any  sum  not  exceeding  five 
hundred  dollars  ;  and  upon  conviction,  the  judge  trying  the 
shall  order  the  Sheriff  to  abate  such  nuisance  at  the  expens 
of  tl  lant,  ty)  be   taxed  in  the  bill  of  costs  :  Provided, 

that  no  person  shall  be  punished  under  this  article,  who  places 
obstructions  in  the  streets  or  alleys  oi'  incorporated  cities  or  towns 
for  purposes  of  improvement  by  permission  of  the  corporate 
authorities  ofsuch  city  or  town. 

Art.  400a.  If  any  fvco  white  person  or  persons  shall  play  at 
any  game  with  cards,  or  at  any  other  game  or  games  of  chance 
with  a  slave  or  slaves,  or  a  free  person  of  color,  he  or  they  shall 
tied  not  less  than  twenty  nor  more  than  one  hundred  dollars, 
or  imprisoned  in  the  county  jail  not  more  than  three  months, 
at  the  discretion  of  the  ju.iy. 

TITLE  13. 

Chapter  4. 

Gaming. 

Article  410  shall  hereafter  read  as  follows  : 

i  houses  commonly  known  as  public,  and  all  gaming  houses 
Q 


9S 

arc  included  within  the  meaning  of  the  preceding  article.  Any 
room  attached  to  such  public  house  and  commonly  used  for 
gaming,  is  also  included,  whether  the  same  be  kept  closed  or  open. 
A  private  room  of  an  inn  or  tavern  is  not  within  the  the  mean- 
ing of  public  places,  unless  such  room  is  commonly  used  for 
gaining  ;  nor  is  a  private  business  office  or  a  private  residence  to 
be  construed  as  within  the  meaning  of  a  public  house  or  place  ; 
Provided,  said  private  residence  shall  not  be  a  house  for  retail- 
ing spirituous  liquors. 

Article  ^11  shall  hereafter  read  as  follows  : 

Upon  the  trial  of  any  person  accused  of  offending  against  the 
two  preceding  articles,  either  in  the  District  Court  or  Justice's, 
or  Mayor's  Court,  it  shall  not  be  necessary  to  prove  that  any 
money  or  article  of  value,  or  the  representative  of  either,  was 
bet  at  such  game.     The  offence  is  complete  without  such  proof. 

TITLE   14. 
Chapter  2. 

Sale  of  unwholesome  food,  drink  or  medicine. 

Article  426a.  If  any  person  shall  sell  any  spirituous,  vinous 
or  malt  liquor  intended  for  drink,  knowing  the  same  to  be  adul- 
terated with  any  substance  or  liquid  injurious  to  health,  he  shall 
be  punished  by  line  not  less  than  fifty  nor  more  than  five 
hundred  dollars. 

TITLE  15. 

Chapter  2. 

Of  Ferries. 

Article  430a.  If  any  person  or  firm  shall  keep  any  ferry 
over  any  water  course,  navigable  stream,  lake  or  bay  in  this 
State,  and  shall  charge  or  receive  any  money,  property  or  other 
valuable  thing  for  crossing  passengers  or  property  at  such  ferry, 
without  first  obtaining  license  is  now  or  as  may  be  hereafter 
required  by  law,  such  person  or  firm  shall  be  deemed  guilty  of  a 
misdemeanor,  and  shall  be  punished  by  fine  not  less  than  fifty 
nor  more  than  two  hundred  dollars. 


99 
TITLE  19. 

Chapter  1. 

ig  insurrection  or  i  '/nation. 

Article  653  shall  hereafter  read  as  follows : 
Any  person  who  shall  in  the  presence  or  hearing  of  any  slave, 
!•    words   calculated   and    with   the  intent  to  render  such 
icontented  with  his  state  of  slavery,  or   who  shall  by 
d  to  a  slave,  endeavor  to  render  said 
tented  with  his  state  of  slavery,  shall   be  puni 
by  confinement  in  the  penitentiary  not  less  than  two  nor  more 
than  five  years. 

Article  6.33b.     Any  free  person  who  shall  publicly  maintain 
that  masters  have  not  right  of  property  in  their  slaves,  either  by 
.  writing  or -printing,  shall  be  punished  by  confinement 
in  the  penitentiary  no;  less  than  two  more  than    four  years. 

Art.  653b.     Any  free  person  who  shall  privately  or  otherwise 

tthati  publicly  maintain  that  masters  have  not  right  of  proj 

in  their  slaves,  with  purpose  to  bring  toe  institution  of  slavery 

(African)  into  dispute  in  the  mind  of  any  five  inhabitant  of  this 

.  oi'  any  resident   for   the   time  being  therein,   shall  be 

inementin  the  penitentiany  not  less  than  two 

)i''i  i  tore  than  live  years. 

.     If  any  free  pel"  ;'   writ  •.  print,  publish  or 

i  to  he  written,  printed  or  published,  any  printing,  picture, 
or  other  writing,  inculcating  resistance  to  the  righl    of 
(property  rs  in  their  slaves,  or  calculated  to  produce  in 

slaves  a.  spirit  of  insubordination  with  the  intent  to  advise  or 
in  this  Mate,  to  rebel  or  to  make  insurrection,  or  if 
the  intent  to  give  effect    to  the   tendency  or  to  aid 
t!1''  i  ''  any  such  book,  writing  or  publication,  knowingly 

■-  he  shall  be  punished  by  confinement  in  the 
ntiary  not  less  than  two  nor  more  thai 
Ai  ..     If  any  postmaster  or  deputy  postmaster  know 

any  such  book,  writing  or  publication  as  is  described  in  the 
preced  ng  article,  has  been  received  at  hisoffice  through  the  mail, 
Mid  shall have  reason  to  believethat  the  same  is  1  to  be 

f  the  provisions  of  said  preceding  article,  ii  mall 
•  duty  to  give  not,  0f,  before  thi  delivered  to 

oi   the  Peace  or  rmgfctrate,  whoso  duty  it   shall 
» examine  into  the  character  and  teadenci  ok, 


100 

writing  or  publication,  an!  the  purpose  far  which  the  same  10 
Qded  to  be  used  by  the  persons  to  whom  it  is  directed  and 
if  upod  such  examination  he  shall  conclude  that  said  book,  writing 
or  publication  is  such  as  is  described  in  the  preceding  article  and 
intend,  d  to  be  used  in  violation  of  the  provisions  of  said  article, 
it  shall  be  his  duty  to  cause  said  book,  writing  or  publication  to 
be  burned  in  his  presence. 

Art  653e  If  any  person  shall  subscribe  for  any,  book,  writing 
or  publication,  such  as  is  described  in  article  6'53c  of  this  chapter, 
and  with  the  intent  to  use  the  same  in  violation  oi  the  provisions! 
of  said  article,  he  shall  be  fined  in  a  sum  not  exceeding  five 
hundred  dollars,  or  imprisonment  in  the  county  jail  tor  a  term 
not  exceeding  six  months,  or  both,  at  the  discretion  of  jury. 

\rt  653f  If  any  postmaster  or  deputy  postmaster  shall 
violate  his  duty  as  prescribed  in  article  rJ53d,  he  shall  be  deemed 
guilty  of  a  misdemeanor,  and  shall  be  fined  in  any  sum  not  exceed- 
ing two  hundred  dollars. 

Chapter  5. 

Importing  slaves  guilty  of  crime. 

Article  GG3  shall  hereafter  read  as  follows- :        ^  ^ 

If  any  person  shall  knowingly  import  or  bring- into  tnis  State1 
a  slave  who  shall  be  a  fugitive' from  justice,  or  who  shall  havj 
]ven  sold  tor,  or  convicted  of  crime  beyond  the  limits  of  this 
State,  he  shall  be  fined  not  less  than  one  hundred  dollars  nor 
more  than  one  thousand  dollars, 

TITLE  20. 

Chapter  1. 

Of  Arson. 

Article  G96a.  If  any  person  shall  wilfully  bum  any  public 
building  as  enumerated  and  defined  in  article  683  of  this  chapter, 
he  shall  be  punished  by  confinement  in  the  penitentiary  not  less 
than  five  years  nor  more  than  fifteen  years, 


Chapter  6, 


Of  Burglary, 
Article  737a.    If  any  person  shall  attempt  to  commit  thi 


101 

■  of  burglary,  he  shall  be  punished  by  confinement  in   the 

penitentiary  not  less  than  two  years  aor  more  than  four  years. 

Art.  737b.     An  "  attempt  "  in  the  sens-  in  which  the  word  is 

1  in  the  preceding  article,  is  an   endeavor  to  aacornplish  the 

crime  of  burglary  carried  beyond  mere  preparation,  but   falling 

short  of  the  ultimate  design  in  any  \  art  of  it. 

TITLE  21. 
Chapter  4. 

Article  775c,     If  any  person,    without  the  consent  of  the 

owner,  shall  drive  or  cause  to  be  driven  any  animal  of  the  horse, 
or  cow  kind  not  his  own  property,  from  the  premises  of  the 
owner  or  keeper,  or  its  accustomed  range,  to  a  distance  of  more 
than  four  milrs,  1..'  shall  be  deemed  guilty  of  a  misdemeanor, 
and  on  conviction  thereof,  shall  be  fined  not  less  than  twenty 
hor  more  than  one  hundred  dollars  ;  Pros  ided,  that  nothing  in 
this  article  shall  be  so  construed  as  to  subject  any  person  to  the 
penalty  herein,  who  does  not  drive  stock  beyond  the  nearest  pen 
us<  d  generally  for  penning  stock  to  the  place  where  the  stock  is 
found. 

t;tle  21. 
Chapter  4. 

Issuing  e  licens<    unlawfully. 

Article  791a  shall  hereafter  read  as  follows : 

[f  any  clerk  of  any  Comity  Court  or  other  officer  authorized 
by  law  to  issue  a  license  of  marriage,  shall,  without  the  consent 
of  the  parent  or  guardian  of  the  party  applying,  issue  a  marriage 
License  to  a  male  person  under  the  age  of  twenty-one.  or  to  a 
female  undtr  the  age  of  eighteen  years,  he  shall  bo  punished  by 
a  tii"'  not  exceeding  one  thousand  dollars. 

Article  801a.  That  it  shall  not  be  lawful  for  any  i 
preai  h  the  gospel  or  to  exhorl  at  any  religions  or  other  i 
except  upon  the  farm  of  his  master,   unless  such   preaching  or 

rtation  shall  be  in  the  presence  ofat  least  two  slavehold 
any  violation  of  this  article  shall  be  deemed  a  petty  offence,  any 
day  be  inquired  into  by  any  •  Peace  accordii 


102 

title  11,  article  61,  of  the  Code  of  Criminal  Procedure,  and  upon 
conviction,  the  negro  shall  be  punished  by  whipping  according1 
to  the  provisions  of  article  816  of  the  Penal  Code. 

The  following  articles  of  the  Penal  Code  are  hereby  repealed  : 
Articles  74,  170,  171,  172,  173,  174,  574  and  610.  But  convicts 
now  suffering  the  punishment  of  solitary  confinement  for  life  in 
the  penitentiary,  shall  not,  by  the  repeal  of  the  articles  of  the 
Penal  Code  affixing  such  punishment  and  prescribing  the  manner 
thereof,  be  released  therefrom,  but  shall  suffer  punishment  in  the 
same  manner  as  it  the  said  articles  were  not  repealed  ;  but  such 
convict  may  petition  the.  Governor  for  a  mitigation  of  his  pun- 
ishment to  hard  labor  for  life  in  the  penitentiary,  who  may  grant 
such  mitigation  of  the  same,  ad  such  convict  shall  suffer  pun- 
ishment accordingly. 

That  this  act  take  effect  and  be  in  force  from  and  after  the 
first  day  of  July,  A.  D.  I860,  excepting  the  foregoing  repealing 
clause,  which  shall  take  effect  and  be  in  force  from  and  after  the 
passage  of  this  act. 

Passed  February  11,  1SG0. 


CHAPTER   75. 

AN  ACT  malting  appropriations  for  the  use  and  support  of 
the  State  Government  for  the  years  1860  and  1861. 
Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  the  following  sums  be,  and  they  are  hereby  appropri- 
ated for  the  use  and  support  of  the  State  Government  for  the  years 
I860  and  1SG1 : 


Executive  Department. 


For  salary  of  Governor,  annually,  $3,000— $6,000 

For  salary  of  Gov'rs  Private  Secretary,  ann'y,  £00 —  1,800 

Contingent  expenses,  annually,  500 —  1,000 

Recovering  fugitives  from  justice,  annually,  2.500 —  5,000 

Publishing  proclamations,  annually,  750 —  1,500 

Department  of  State. 

For  salary  of  Secretary  of  State,  annually,  §1,800— §3,600 


300— 

(500 

100— 

200— 

400 

100— 

200 

100— 

200 

103 

For  salary  of  Chief  Clerk  in  State  Department 

annually,  1.400—  2,800 

Printing,  annually, 

Porter  hire  and  wood,  annually, 

Postage,  annually, 

Contingent  expenses,  annu 

Stationery  and  books,  annually, 

Extra  clerk  h're,  labor  and  other  expenses  annu- 
ally, 400—      S00 

Comptroller's  Department. 

For  salary  of  Comptroller,  annually, 

For  salary  of  Chief  Clerk,  annually, 

For  salary  of  Chief  Tax  Clerk,  annually, 

For  salary  of  Accountant  Clerk*,  annually. 

For  salary  of  nine  at  clerks,   each  annu- 

ally.' 

Contingent  fund,   annually. 

Books  and  stationery,  annually, 

Printing,  annually, 

Postage,  annually, 

Blank  assessment  rolls,  annually, 

Fire  wood  for  Comptrollers  and  Treasury  build- 
ing, annually. 

Porter  hire,  annually. 

Treasure  it's  Office. 

For  salary  of  Treasurer,  annually,  $1,800— $3,600 

For  salary  of  ChFf  Clerk,  annually,  1,200—    2,400 

Contingent  fund,  annn  200 —       I   0 

Court  of  Claims. 

F<>r  Balary  of  Commissioner  of  Claims,    annu- 
ally/ $2,000— $4, 
salary  of  Chief  Clerk,  annually.  1,200—  2,400 
ingent   expenses,  including  books,  station- 
ery, postage,  fire   wow,!,    porter  hire,  prin- 
ting  and  all    other    expenses,  annually,  —      800 


$1,800- 

-$3,600 

1.400- 

,200- 

-  2,400 

1,200- 

-  2,400 

900- 

-16,200 

300- 

-  600 

300- 

-  600 

250- 

-  50;) 

-  400 

600- 

-  J/200 

200- 

-  400 

250- 

-  500 

104 
Geological  Bureau, 

Fur  salary  of  Geologist,  annually,  $3,000— $6,000 

Fur  salary  of  two  assistants,  each,  annually,  1,500 —   3,000 
Expenses,    savveys,     chemicals,    traveling    and 

other  expenses,  annually,  4,000 —    8,000 

Pensions. 

To  Juana  Navarro  Alsbury,  annually,  8100 — §200 

To  Thomas  Barnett,  annually.  100—  200 

To  David  Cole,  annually,  100—  200 

To  James  M.  Day,  annually,  100—  200 

To  Rolla  M.  Davis,  annually,  100—  200 

To  James  W.  Nichols,  annually,,  100—  200 

To  Thomas  Norris,  annually,  100—  200 

To  J.  B.  Thacker,  annually,  100—  200 

To  David  Webb,  annually,  100—  200 

To  H.  M.  Smith,  annually,  250—  500 

To  Charles  Shepard,  annually,  125 — ■  250 

To  Joseph  E.  Field,  annually,  200—  400 

To  Widow  of  Henry  Tierwester,  annuallv,  100—  200 

To  William  H.  Anderson,  annually,  100—  200 

Boundary    Survey. 

For  pay  of  Commissioners  and  Officers  for  run- 
ning boundary  line  between  the  State  of 
Texas  and  the  United   States,  $15,000  or 

so   much    thereof    as   may   be   necessary,  §15,000 

Penitentiary. 

For  salary  of  Superintendent  of  the  Peniten- 
tiary,  annually,  $1,500— $3,000 

Salary  Financial  Agent,  annually,  1,500—  3,000 

Salary  three  Directors,  each,  annually,  250 —  1,500 

Salary  Chaplain,  annually,  250 —      500 

Salary  attending  Physician,  annually,  500 —    1,000 

Stationery,  postage  and  printing,   annually,  150 —      300 


b'09— 

1,2  IS 

203— 

406 

750— 

1,500 

7,000— 

14,0(H) 

3,500 

150— 

300 

105 
Judicial  Department. 

For  salarv  of  three  Judges  of  Supreme  Court, 

each^  annually.  ,000— $18,000 

Fur  salary  of  three  Librarians,  each,  annually.       300 —      1,800 
Contingent  fund,  three  branches  Supreme  Court, 

annually,  500—     3,000 

Pay  of  Sheriffs  for  atl  Supreme  Court 

at  £3   per  day,  for  each   day  of  the  terms 

for  three  branches    (say    203    days,)  anna- 
ally, 
Fortei  hire  same  length  of  time,  $ 1  p<  r  days 

annually, 
For  purchase  of  books  for  use  of  Supreme  Court 

Libraries,   to  be  expended  under  direction 

of  the  court,  for  two  y<  ars. 
For  publishing  reports  annually. 
For  publishing  21st  volume  reports, 
For  tecs  (4'  clerk  oi  Supreme  Court,  annually, 

Attorney  General's  Offh 

For  salary  of  Attorney  General,  annually,  $1,S00 — $3, 

Contingent  fund,  annually,  100 —      200 

Attorney's  fees  in  appeals  in  cases  of  felony,  annu- 
ally, 250—      500 

District  Courts. 

For  salarv  of  twenty  District  Judges,  annu- 
ally, $45,000— $90,000 

For  salary  of  twenty  Attorneys,  annually,  10,000—  ls  . 

For  Clerk's,  Sheriffs  and  Attorney's  fees,  annu- 
ally, »00—  10,000 

General  Land  <  Iffice. 

For  salary  of  Commi                nnually,  $2,000 —  $4,000 

salary  of  Chief  Clerk,  annually,  1,400—     2,800 

Foi  salary  "of  Translator,  annually,  1,200—    2, 

For  salary  of  Receiver,  annually.  1,200 —     2,400 

For  >,iiary  of  Chief  D                      mually,  1,200—     2 


300— 

t?00 

400— 

800 

250— 

500 

100— 

200 

250— 

500 

10G 

For  salary  of  three    Assistant  Draftsmen,  each, 

annually,  1,100-    6,000 

For  six  2nd  Assistant  Draftsmen,   each,  annu- 
ally, 1,000—  12,000 

For  salary  of  23  Assistant  Clerks,  each,  annu- 

900-  41,400 
:  ,)i>-vy,  annually.  1>9?9~~     2>°9° 

Contingent  fund,  annually, 

Po a age,  annually. 

Fire  wood,  annually, 

Printing,  annually, 

Porter  hire,  annually, 

Deaf  and  Dumb  Asylum. 

For    salary  of  Superintendent    and    all    other 

expenses,  annually,  §9,000—118,000 

Blind  Asylum. 

For  salaries  and  all  other  expenditures,    annu- 
ally, §5,500—511,000 
Indemnity  to  owners  of  slaves  exeeuted,  annu- 
ally, $4,000— $8,000 
Printing  laws  and  journals  of  8th  Legislature,  §12,000 
For  printing   reports   of  Government   officers, 

§3,859,74— §3,859,74 
For  distributing  laws  and  journals  of  present 
session   of  the  Legislature,  and  reports 
Supreme  Court,  §2,000 

Sec.  2.  That  the  Comptroller  shall  not  draw  his  warrant 
upon  the  Treasurer  for  any  amount  herein  appropriated  for  con- 
tingent expenses  of  any  of  the  Departments  of  the  Government, 
except  upon  sufficient  vouchers.  And  that  this  act  take  effect 
and  be  in  force  from  and  after  its  passage. 
Approved  February  11th,  1860. 


CHAPTER  76. 

AN  ACT  to  create  the  county  of  Wilson. 
Section  1.     Be.  it  enacted  by  the  Legislature  of  the  State   of 


107 

Texas,  That  all  the  territory  comprised  within  the  following 
limits  shall  be  created  into  a  new  c  >unty  to  be  called  Wilson. — 
beginning  on  the  west  bank  of  the  Cibolo,  at  the  mouth  of  the 
Martinez  creek,  thence  on  a  straight  line  to  the  north  east  cor- 
ner of  Atascosa  county  line,  then  :  s  s  luth  39°east  with  Atasi 
line  to  th*1  north-west  corner  of  Karnes  county  ;  thence  same 
course  continued  four  and  three  quarter  milesalong  the  said  Karnes 
county  line;  thence  north  51°  east  to  the  south-west  boundary 
line,  of  Gonzalescounty ;  thence  north  39°  west  with  Gonzales 
county  line  to  the  south-east  boundary  line  of  Guadalupe  county  ; 
thence  south  with  said  line  to  the  Cibolo  ;  thence  up  the 
Cibolo  with  its  meanders  to  the  place  of  beginning. 

Sec.  2.     That   ]>r.    G.    J.    Houston    be,    and    he    is  hereby 
appointed  a  Commissioner  to  organize  said  new  county,  and  it. 
reby   made  his  duty  to  do  the  same  by  ordering  ah  election 
for  county  officers  according  to  the   general  la  vs  regulating  elec- 
tions, said  election  to  be  held  on  a  day  by  him  to  be  named    and 
due  notice  oi  thp  same  to  be  given  in  accordance  with  the  laws 
lections,  the  said  election  to  be  held  at  a  point  or 
points  within    the    limits   of  said  county,    to    be   by    the  said 
named  and  duly  published   in  said  county,  and  when 
the   returns   of  said  election    shall   have  been  made  to  the  said 
ton,  he  shall  issue  certificates  of  election  to   the   persons 
elected,  and    shall    administer   the  oath  of  office  to  them  in  due 
form  :  provided,  that  in  ease  of  the  failure  to  act  of  said  Hous- 
it  shall  be  lawful  for  the   Chief  Justice  of  Bexar  county  to 
duties  herein  required  of  him. 
Sec.   3.      That  so  soon  as  the  said  county  of  Wilson  has  be  su 
I   as  aforesaid,  and  the  officers  of  the  same  qualified, 
ace  >rdiug  i"  law,  they  shall   enter   upon   the  discharge  of  th  sir 
respective  offices,  and  all  courts  in  and  for  said  county  shall 
held  at  Sutherland  Spring  until  the  county  seat  o\'  said  county 
shall  1).'  permanently  located  as  hereinafter  provided. 

Sec.  4.     It  shall  be  the  duty  oi  the  Court  of  Wilson  county 
to  ascertain  by  means  of  a  plat  and  certificate  from  the  Q  ei 
1.      I  Offi     .  under  the  seal  of  the  same  duly  authenticated,  the 

r  of  said  new  county,  and  select  two  or  more  sites  nei 
the   center   ol  said   new  county,  having  i  for  any  dona- 

tion  of    land,    that   may  be  made  for  that  purposa,  as  well    as 
convenience  of  water,  and  when  so  B<  lectcd  the  Chief  Justici 
Baid  umnty  shall  order  an  election  to  fix  said  c<  l1  .  which 

shall    !>■   conducted    according   to   the  general   laws  n 
elections  for  i  ouuty  officers,  and  if  at  the  i  ion  neith 

all  the  v 


103 

then  the  Chief  Justice  shall  order  another  election  to  beheld  for 
the  two  sites  receiving  the  highest  number  of  votes,  and  the  site 
receiving  a  majority  of  all  the  votes  cast,  at  any  such  election, 
shall    be    declared    the  county  seat,  and  the  County  Court  shall 

ignate  the  name  of  the  same. 

Sec.  5.  The  County  Court  of  Wilson  County  may  pur- 
ch  i-i',  if  necessary,  or  receive  by  donation  land  not  exceed- 
ing three  hundred  and  twenty  acres  for. the  use  of  the  county, 
ami  shall  lay  off  the  site  so  selected  into  suitable  lots,  and  after 
selecting  and  setting  apart  such  suitable  lots,  as  may  be  neces- 
sary for  a  court-house,  jail,  clerk's  offices,  school-houses  and 
burying  grounds,  they  shall  proceed  to  sell  the  remainder  or  such 
portion  thereof  as  they  may  deem  necessary  at  public  auction, 
at  such  time  and  upon  such  terms  as  will  most  conduce  to  the 
interest  of  the  county,  and  shall  apply  the  proceeds  thereof  to 
the  erection  of  necessary  public  buildings  for  the  use  of  the 
county. 

Sec.  G.  That  the  Commissioner  above  named  shall  be  enti- 
tled to  three  dollars  per  diem  for  every  day  that  he  is  necessarily 
employed  or  detained  in  holding  said  election  and  organizing  said 
county  of  Wilson. 

Sec.  7.     That  this  act  take  effect  from  and  after  its  passage. 

Approved  Feb.  13,  1860. 


CHAPTER   77. 

AN  ACT  requiring  the  paymaster  for  tlie  State  troops  on  the 

Rio  Grande,  to  receive  pay  for    arms    and  o  her  necessary 

articles  furnished  by  individuals  to  said  troops. 

Section  1.     Be  it  enacted  by  the  Legislature  of  the  State  of 

Texas,  That  the  Comptroller  of  the  State  be,  and  he  is   hereby 

directed  to  require  of   the  paymaster,  or  other  agent  appointed 

to    pay    tin?    troops  of  the    State,    ordered  by  the  Governor   to 

service    on    the    Rio    Grande,  to  •  deduct   from   the  pay  of   said 

officers  and  men,  the  amount  due  to  citizens  and  merchants  for 

the   purchase    of  lire-arms  and   other  necessary  articles  by  said 

officersand  men,  the  payment  of  which  is  not  made  by  the  State 

and  that  the  said   paymaster  is   hereby  recpiired   to  pay  the  said 

amounts  over   to  the  party  or  parties,  or  their  agents," to  whom 

the  said  amounts  may  be  due. 


100 

Sec.  9.     That  this  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  13th  February,  1860. 


CHAPTEB 

AN  ACT  %ertahi 

land  against  the  ! 

1 
Section  1.    /.•■■ 

s,  That  any  person  who  may  be  the  original  grantee,  I 
or  legal  assign,  of  any  grant  of  land  emanating  from  the  Span- 
ish or  Mexican  government,  and  having  its  origin  previous  to 
the  nineteenth  day  of  December,  A.  D,  1836,  and  situ.; 
between  the  Nueces  and  Rio  Grande  rivers,  and  below  a  line 
drawn  from  the  upper  boundary  of  Webb  county  to  the  mouth 
of  theMoroa  creek  emptying  into  the  Nueces  river,  may  file  his 
petition  in  the  District  Court  A'  the  county  in  which  said  land 
may  be  situated,  which  petition  shall  he  filed  at  leasl  ten  days 
belore  the  time  for  holding  oi  said  Diatrid  Court,  and  shal- 
contain  a  full  description  of  (he  land  claimed,  setting  forth  par] 
ticularly,    its    situation,     boundaries    and     extent,   and    shall 

mpany  such  petition  with  tin-  titles  (^v  evidences  of  titles  or 
right  under  which  the  is   held  or  claimed  ;  and  the  said 

District  Courts  shall   inv  n  accordance  with 

the  laws  of  nations,  the  laws.  and  customs  of  the  govern- 

m  snt    from  which    the   claim  is  d  and  the  principles   of 

equity,  so  far  as  the  same  are  applicable,  and  shall  give  judg- 
ment lor  the  confirmation  cf  the  same  when  the  title  is  perfect, 

lien  imperfect,  when  the  same  would  have  been  matured 
into  a  perfect  title  under  the  laws,   u  id  customs  oi 

government  under  which  it  originated  had  its  sovereignly  over 

same  not  passed  to,  and  been  vested  in  the  Republic  of 
Texas  :  providi ./,  said  title  or  said  imperfect  title  or  right  was 
originally  founded  in  good  faith  :  and,  provided,  thai  no  service 
of  such  petition  shall  be  necessary. 

S  ;c.  '2.  Thai  (.all  of  said  claimants  shall,  at  the  time,.;' 
filing  aaid  claim,  accompany  the  same  with  an  affidavit,  made 
bef  re  Bome  competent  officer,  that  the  title  or  evidi  title 

of  the  claim  submitted  for  investigation  is  not  forged  nor  ante- 

i.  bul  that  the  same  is  genuine,  and  thai  I  true  and 


110 

Eul  otrner  or  part  owner  thereof,  and  that  all  the  facts  set 
forth  in  his  petition  are  true  to  the  best  of  his  knowledge  and 
belief,  and  any  claimant  swearing  falsely  as  to  any  of  the  facts 
herein  required  to  be  sworn  to,  shall  be  deemed  guilty  of  per- 
jury, and    on    conviction  thereof,  shall  be  punished  accordingly 

Sec.  3.  That  it  shall  be  the  duty  of  the  District  Attorney 
of  any  District  in  which  any  such  case  may  be  tried  to  super- 
intend the  interests  of  the  State  in  the  premises,  to  attend  the 
trial  of  any  such  causes,  and  to  iile  cross-interrogatories  when 
depositions  shall  be  taken. 

Sec.  4.  That  the  clerks  of  the  District  Courts  shall  be,  and 
they  are  hereby  authorized  and  required,  on  application  of  the 
District  Attorney,  or  of  any  claimant  or  his  counsel,  to  issue 
writs  of  subpoena,  commanding  the  attendance  of  a  witness  or 
winesses  before  said  District  Courts,  to  give  testimony  in  the 
cause  to  be  tried 

Sec.  5.  That  any  claimant  under  this  act  shall  pay  all 
costs  of  court  expended  in  his  behalf,  and  shall  in  addition,  be 
taxed  a  fee  of  twenty-five  dollars,  which  fee  shall,  by  order  of 
the  Court,  be  paid  to  the  District  Attorney  representing  the 
interest  of  the  State  in  such  case. 

Sec.  G.  That  the  District  Court  shall,  without  the  interven- 
tion of  a  jury,  proceed  to  render  judgment  upon  the  pleadings 
and  evidence  in  any  such  case,  and  shall,  on  application  of 
either  party,  grant  an  appeal  to  the  Supreme  Court,  upon  the 
the  same  terms  and  conditions  and  requirements  as  appeals  are 
granted  in  other  eases. 

Sec.  7.  That  when  the  judgment  of  the  Court  shall  be 
given  in  favor  of  the  claimant  of  any  perfect  grant,  no  other  fee 
or  costs  shall  be  taxed,  except  such  as  is  provided  for  in  section 
fifth  of  this  act,  but  in  any  case  in  which  judgment  shall  be 
given  in  favor  of  the  claimant  under  an  imperfect  grant,  the 
Court  shall  condemn  the  claimant  to  the  payment  of  such 
amount  as  the  claimant  would  have  had  to  pay,  had  not  the 
sovereignty  of  the  soil  changed,  in  addition  to  the  costs  taxed 
1  y  section  fifth  of  this  act,  and  it  shall  be  the  duty  of  the 
clerk  of  the  District  Court  to  enter  the  judgment  of  the  Court 
in  full  on  the  docket,  which  shall  show  the  amount  to  be  paid 
by  each  claimant. 

Sec.  8.  That  no  confirmation  under  this  act  shall  be  con- 
strued to  confirm  tij^e  to  any  salt  springs  or  lakes,  or  mines 
of  gold,  silver,  copper  or  lead,  or  to  any  island  of  the  State. 

Sec.  3.  That  all  lands  the  claims  to  which  shall  be  finally 
rejected  in  the  manner  herein  provided,  shall,  be  deemed,  held, 


Ill 


find  considered  as  part  of  the  public  domain  of  the  State  and 
for  all  claims  finally  confirmed  under  the  pro  isions  of  this  act 
a    patent  shall   issue  in  the   name  of  the  I  grantee   his 

li;-'::s  a?d  k'gal  assigns,  upon  presentation  to  the  General  Land 
01  ice  of  an  authentic  certificate  of  such  confirmation,  and  the 
fceld  notes  of  the  District  Surveyor  of  the  county  in  which  the 
land  may  be  situated,  accompained  with  the  legal  vouchers  that 
the  taxes  on  the  same  have  been  paid  since  the  organizatio 
such  county:  ]'.■  that  the  claimant   shall  pay  to    the 

Commissioner  of  the  General  Land  Office  the  amount  to  which 
he  nmy  have  teen  condemned  by  the  Court  under  the  latter  cla 
ot  the  seventh  section  of  this  act,  and,  furtli    .         •    .   !,  that  no 
patent  shall  issue  to  any  tract  of  laud,  confirm  >d  by  virtue  of  this 
act,   upon   which  a  genuine  land  certi  anating  from  the 

Republic  or  State  oi  Texas  has  been  located  and  surveyed 
Recording  to  law. 

Seo.  10.  That  the  final  confirmation  rendered  In- the  Conri-. 
or  any  patent  issued  under  tl  is  act,  shall  be  conclusive  between 
the  btatc  and  said  claimants  onlv,  and  shall  in  no  way  be 
Itrued  to  interfere  with  any  rights  which  may  have  accrued  to 
Other  parties  by  the  location  oi  anj  genuine  certificate  or  by 
ar«y  confirmation  of  title  under  the  I  "  to  relinquish  the  rHit 
0    the  ^  ''tain  lands  therein  named,"  approved  February 

■  same  shall  remain  without  prejudice 

all   be   limited   to  the  term   of  three 
years  from  ana  after  its  passage. 

Approved  11th  February,  I860. 


CHAPTER  7 9. 


■  of  the  I 
*T  1.     Be  it  by  the  Lcgislo 

•  hat  the  Commissioner  of   the  General   Land  -  • 
Rod  he  is  hereby  authorized  and  required  to  charge  and  re  ■ 
the  State  the  following  I       : 
r  patents  for  six  hundred  and  forty  acres  of  land  or  less- 
two  dollars. 

ts  of  tracts  of  over  six  hun  Ire  I  and  forty  acres  and 
Dp  to    twelve   hundred  and  eighty 

V^v  patents  on  tracts  of  over  twelve  hundred  aty  acres 

and  up  to  two-thirds  of  a  league  of  land-— five 


112 

For  patents  on  tracts  of  over  two-thirds  of  a  league  and  up  to 
one  league  of  land— ten  dollars,  and  one  dollar  additional  on  every 
additional  five  labors  on  surveys  of  over  one  league  of  land 

For  copies  of  any  paper,  document  or  record,  in  the  Land 
Office,  in  the  English  language— fifteen  cents  per  hundred  words. 

For  certificate  and  seal— fifty  cents. 

For  copy  or  translation  of  any  paper,  document,  or  record  in 
nnv  other  than  the  English  language — twenty-five  cents  per 
hundred  words,  and  for  certificate  and  seal  thereto,  seventy-five 
cents  in  addition.  '  . 

For  statements,  sketches,  examinations-  and  other  like  work 
such  fees  as  may  he  established  by  the  Commissioner  of  the 
General  Land  Office  according  to  the  time  and  labor  required. 
"'  Sec.  2.  That  all  laws  heretofore  in  force  regulating  the  fees 
of  theGeneral  Land  Office,  so  far  as  they  conflict  with  the  pro- 
visions of  this  act,  be  and  the  same  are  hereby  repealed  ;  and 
this  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

Approved  14th  February,  1860. 


CHAPTER  SO. 

AN  ACT  to  repeal  the  second  section  of  an  approved  January 
17,  1860,  authorizing  the  Commissioner  of  the  General  Land 
Office  to  issue  patents  on  surveys  heretofore  made  not  in  regu- 
lar form  according  to  laiO. 
Section  1.     Be  it  enacted   by   the  Legislature  of  the  State  of 

Texas,     That    the  second  section  of  the  above  recited   act  ia 

hereby  repealed,  and  that  this  act  take  effect  from  and  after  its 

passage. 

Approved  February  14th,  18G0. 


CHAPTER  81. 


AN  ACT  making  appropriations  to  supply  the  deficiency  in 
former  appropriations  and  for  other  purposes. 
Section  1,     Be  it  enacted  by  the  Legislature  of  the  State  of 


113 

Texas,  That  the  following  sums  be,  and  they  are  hereby  appro- 
bated to  supply  the  deficiency  in  former  apprDpriations  and  for 
other  purposes. 

Fur  boring  Artesian  well  on  Capitol  -round  and  for 
laying  off  and   improving  Capitol  square— $3,000 
annually,  or  bo  much  thereof  as  may  be  necessary 
to  be  expended  under  supervision  of  the   Board  of 
Commissioners  of  public  grounds  and  buildings- 
six  thousand  dollars,  -        -        -        _  " '       ^G  000  00 
For  payment  ol  Audited  Scrip  No.  6729,  to  order  of      ' 
Robert   M.   Bedford,  assignee  of  J.  15    Webb  of 
date  December  8th,  1837— one  hundred  dollars''  100  00 
For  pay  of  John  M.   Wyatt,   Sheriff  of   Burleson 
county,  for  bringing  Tom  Middleton  from  Louisi- 
ana to     Bastrop— seven   hundred   and    sixty-five 
dollars,     -         -        -        -        _        _        _                 -(r    )Q 

For  paj  of  S.  Gt.  Haynieand  Janus  <;.  Swisher  fo"r 
services  as  Commissioners  for  the  erection  of 
Capita]  building  from  June  4th,  1852,  to  Decem- 
ber 4th,  1854,  each,— seven  hundred  and  fifty 
dollars,  -  t  KAft  nr. 

t,t  r  T  -r^     ,  1,.;00  00 

Uoi  pay  of  James  Doyle,  as  Superintendent  of  the 
building  of  the  Capitol,  from  June  4th,  1852  to 
December  4th,  1854— twenty-two  hundred  and 
fifty  dollars,      -        -        _        _        .        .        -    2  250  00 

*or  pay  oi  James  S.  Robinson,  District  Attorney  of 
the  16th  Judicial  District,  for  defending  the 
interest  of  the  State  in  the  suits  to  establish  the 
Meters  colony  certificates— two  hundred  and 
fifty  dollars,         ----__  ©50  00 

For  purchase  of  hooks  for  State  library,  fifteen" 
hundred  dollars,  to  be  expended  under  direction 
ot  the  Board  of  Commissioners  of  public  -rounds 
and    buildings,  -         -         _         »  j  r-n^  qq 

For   pay,  balance  due  3,  1st  issistant  draftsmen   in       ' 

Ueneral  Land  Office  for  the  wars  1858  and  1859— 
^  two  hundred  dollars  each,  -  qqq  qq 

ror  translating  and  printing  Buch  laws  as  the  Gover- 
nor may  direct,  in  the  German  and  Spanish  lan- 
guag twenty-five  hundred  dollars.  -        -     ^ 500  CO 

ror  James  McGee  public  debt.  -         _        .     ~"  27  37 

•'  E.    B.    Scarborough,  publishing  act   for  boring 
Artesian  well,  an  1  proP(  s  Is   ;  t  b  .ring  the  Bame,  89  00 

J'";'    Ba  nard  and    Kinney,   publishing 
11 


114 

ing    Artesian     well,     and    publishing    proposals 

for  boring  the  same,  _____  83  00 

For  Oldham  &  White,  Attorneys-at-law,  defending 
the  State  in  two  cases,  viz  :  Robert  Rose,  on 
Empresariji}  contract  of  Joseph  Vehlin  and  Rob't 
Ruse  in  behalf  of  Lorenzo  de  Zavalia  —  five 
hundred  dollars   in  each  case,  -  1,000  00 

For  Jonathan  Anderson  and  M.  V.  Lout,  expenses,  1;32  00 

For  F.  A.  (Stevens,  carrying  express  by  order  of  the 

Governor,  -         -'         -         -        -.-         -         -  50  00 

For  W.  A.  Pitts,  as  clerk  of  Board  of  School  Com- 
missioners from  17th  March  to  17th  December, 
1S59,  to  come  out  of  special  school  fund,  -  225  00 

For  James  O.  Illingsworth,  assistant  clerk  of  Court 
of  Claims  from  1.6th  April  to  16th  June,  1859— 
seventy-five  dollars  per  month,         -  150  00 

For  J.  W.  Vickery,  balance  for  distributing  laws,  06  00 

For  Robert  Barr,  as  Secretary  of  Board  of  School 
Commissioners  from  21st  March,  1S57,  to  lGth 
August,  1858,  and  to  the  same  party  $50  sundry 
services,  in  all  to  come  out  of  the  special  school 
fund,         ________         521   67 

F«>r  E.  B.  Scarborough,  balance  due  on  printing  laws 
in  Spani*\         __--_--         127  60 

For  John  Hearn,  expenses  keeping  criminals,  -  25  50 

For  taking  scholastic  census  for  1860  and  1861,  an- 
nually— $6,000  00,  to  come  out  of  school  fnnd 
distributable  to  the  counties,  and  the  six 
thousand  dollars  heretofore  appropriated  for  schol- 
astic census  for  1859,  to  be  paid  out  of  such  fund,  12,000  00 

For  purchase  of  stationery  and  wood  for  next  Legis- 
lature— fifteen  hundred  dollars,          -  1,500  00 

For  Baker  &  Root,  for  publishing  act  in  relation  to 
Artesian  well,  and  for  publishing  proposals  for 
boring  said  wells,  -  46  00 

For  printing  and  compiling  abstract  of  lands  ordered 

by    the  Comptroller,       '"'-         -         -         -         -         4,000  00 

For  keeping  public  buildings  and  public  grounds  in 
good  order,  to  be  expended  under  supervision  of 
Board  of  Commissioners  on  public  grounds  and 
buildings,  one  thousand  dollars  annually,  or  so 
much  as  may  be  necessary,         -  2,000  00 

For  W.  S.  Hotchkiss  and  J.  Q.   St.    Clair,    as   clerks 

in  Comptroller's  office  from  1st  to  8th  February,  50  00 


Ill 


For  Charles  A.  Russell,  District  Surveyor  of  Kan 
county,   for  compiling  map  of   Karnes   land  dis- 

*tnf'        ;       ■.;. 150  00 

for  J.am<?3  E .  Swindell,  Surveyor,  Youag  land   dis- 

•  making  a  complete  map  of  the  surv  j 

nng  land  districl  to  be  paid  upon  the  certificate 

pi  Commissioner    of   General  Land    Office,    that 

w  •:i;:;!l    map   lias   been    furnished   Ins  office,  150  00 

:  ■'  9-  ,!-  garrison,   sub,  engineer,  five  hundred   and 

tv-Uve    cl  iln  '    date  January  [l 

,  '''  ,l)>  to  «'•'  :  river  fund,      r  .       535  oo 

*oram<  i  [11?w  t]ie  Qoverfl 

it   to  examine   the  &  lor 

ing  out  the  rivers,   and  othi  r  water  improve* 
liars,   to  be   taken  oul 
Ik'ver  Improvement  Fund*         -  [  qtj 

For  John   Burlage^   two    hundred  and   fcwenty-fiyp 
•    for   indexing   naval   records   in    Court   of 
Claims,  which  account  was  approved   by  E4ward 
rj   Clark  and  J.  B.  Sliaw,         -         -         -  .       225  00 

l°r  pay  for  the  service  am2    subsistence    oi   troops 
ived   into  the  service  of  the  State  on  the  I 
in  the  late  Cortina  war,or  • 
.    as   may   be  necessary,  -  .000  00 

Marshall   for  printing  hier  /   |    ,.  ports 
uch  as  may  ne  necessary  : 
is  not  ol  i  ,<.-....,-  59  ^ 

aid     for  ■    aa    1;1;;v 

------         075  00 

Welfefor  keeping  and  feeding  mules 

B  mndary  Sun  -   '      -         -        {j>Q  00 

;  shall  u  to  any  claim 

have  bei  h  I  for  by  prey's 

LWS. 

Sr-  •  2-     Thai  this  acl    ta£  ,    .  ;.„rp 

Ap  lary  14th,  18l  °  ' 


...  ,.    ,  ■  if  ike  I 


IIS 

Texas,  That  when  an  account  shall  hereafter  he  pre'senSe*!  f&i 
any  demand  for  which  an  appropriation  has  been  made,  it.  shall 
ho  the  duty  of  the  Comptroller  to  audit  and  allow  tile  claim  if 
legal,  and  to  issue  his  warrant  for  the  amount,  ami  if  there  be- 
no  money  in  lite  Treasury  to  pay  ther  demand,  then  the  Comp- 
troller shall  h  warrant  upon  the  Treasury  for  the  amount- 
with  ten  per  cent,  per  annum  interest  from  date,  which  warrant 
shall  be  countersigned  by  the  (Governor,  and  shall  be  numbered 
ami  endorsed  by  the  Treasurer. 

Sec.  2.  That  it  shall  be  the  duty  of  the  Treasurer  on  the 
first  day  of  July,  A.  I>.  1850,  and  every  >ix  months  tfeereafter^ 
tor  advertise  in  three  papers  in  different  parts  of  the  State,  for 
the  presentment  of  any  such  Warrants  as5  arc  mentioned  in  the! 
first  section  of  this  act,  in  the  order  of  li. vir  dates  and  numbersJ 
and  after  the  expiration  of  sixty  days  from  silcb  notice,  said 
warrants  not  presented,  shall  cease  to  draw  mte*rr>st.  Haul  war- 
rants shall  not  circulate  as  money,  but  m-iy  be  assigned. 

Sec.  3.  That  this  act  taker  effect  and  i.<?  in  force  frcm  anqj 
after  its- passage. 

Approved-  14th  Web.,  I860.. 


CJHAPTEE  S'3J, 

u4N  ACT  amending' tfie  several  a'efs  regulating  'proceedings  in 

the  District  Courts. 

Section  1.  Be  it  enacted  hij  the  Legislature  of  the  Sate  of 
Texas,  That  all  corporations  acting  under  a  charter  granted  by 
Che  Legislature  of  this  State  in  all  suits,  whether  as  plaintiffs  ol 
defendants,  shall'  only  berequired  to  plead  their  acts  of  incor- 
poration by  reciting  their  respective  captions',  and  m  no  ea&j 
shall  be  required  to  set  out  the  said,  act.  at  length. 

Approve*  Feb.  14th,  18-6U 


CHAPTER  S€ 

AN  ACT  s^pfJem'eMary  to  an  act  entitled  ecu  ccct  to  reorganiZ&: 
the    Court  of  Claims  and   extend   the  time  for  the  presented 


117 

tion  of  dam  for  land  agar,  ,  pubtie  or  State  of  Texas 

npprovi  d  Fa  bruary  7th,  I860. 
_  Section  1.  Be  it  enacted  by  Vie  Legislature  of  the  State  of 
dexas,  Lknt  the  Commissioner  of  said  court,  shall  upon  satis- 
factory proof  that  j  |  rsoa  has  been  permanently  disabled  by 
flie  loss  ot  an  eye,  arm,  or  limb,  or  any  other  bodily  injury  which 
knakes  him  incapable  of  bodily  labor,  from  wounds  received  in 
Jne  s'rvu'<'  of  the  Republic  of  Texas  previous  to  the  18th  of 
December,  1837,  issue  to  such  person  a  certificate  for  one  league 
of  land,  as  a.  testimony  of  the  gratitude  of  this  State,  and  that 
paid  certificates  may  be  located  and  patented  as  in  other  cases- 
Provided,  that  no  certificate  shall  be  issued  under  the  provisions 
<lj  J"  i:il^s   the   applicant  would   have  been  so  entitled 

fender   the   provisions  of  the  act  of  December    18th,  1*37,  enti- 
{lul  making    provisions   for    .  .  ,,   have' been 

j'ermaoently  disabled  iu  the  service  of  the   country     And  fur- 
h;  r  provided,  that  the party  applying  has  not  heretofore  received 
pins  bounty. 

'^A'-  -■    That    l'  '■-  act  takeeffect  from  and  after  its  passage. 
Approv<      I         1 1th,  186ft, 


CHAPTER  85. 

MAT  JCTfo  prevent  Judgments  from  becoming  dormant,  and  to 
Judgment  /A 
[Section  1.     lie  it  enacted  ly  the   Legislature  of  the  St< 
?,   lhat  whenever  judgment  shall  be  rendered  by  any  court 
wifJ»n    this    fc  t  shall  be  competent  for  said    courtorthe 

<>i  said  e  .url  to  issue  execution  thereon  at  tlie  instance  of 
tov  party  interested  and  said  judgment  shall  not  become  dor- 
mant unh-ss  tea  years  shall  have  elapsed  between  the  issuance 
9  '  v      itions  on  tl      ame. 

•  -•     Ti;'''    no  judgment  hereafter  rendered  shall  operate 
until  hied  in  the  office  of  county   clerk  of  the  County 
^ '■"'•;  ";   tho  county  where  the  same  is  rendered  istration 

a1"1  ,!  s;,,al     !"   the  duty  oi   the   county  clerk  of  each  and  evi 

•  necord  all  certified   copies  of  sue],  judg- 
ments as  »niy  be  filed  with  him  for  registration,   at    the   earl 
|Lractl  •  m  ^"'  book   used  in  said  ofi&ce  for  the  reo 

lusc  a  regular  and   alphabetical   index  to 


118 

be  made  of  the  names  of  plaintiffs  and  defendants  in  said  judg- 
ments, and  also  a  reference  to  the  page  on  which  said  j.  dgment 
is  recorded,  and  the  judgment  so  recorded  shall  operate  as  a  lien 
on  all  the  real  estate  of  the  defendants,  situated  in  the  county 
in  which  the  same  may  he  rendered,  and  said  lien,  unless  Sooner 
released,  shall  continue  in  force  four  years  without  being  rein- 
scrdibed, 

Sec.  3.  That  from  and  after  the  passage  of  this  act,  rib 
Sheriff  or  other  officer,  shall  sell  real  estate,  under  and  by  virtue 
of  an  execution  without  having  been  previously  obtained  frb'vni 
the  county  clerk  of  the  county  where  the  sale  is  made,  a  certifi- 
cate stating  the  number  and  amount  of  judgments  against  the 
defendant  in  execution  of  record  m  his  office,  and  the  date  of 
record,  and  which  certificate  he  shall  read  aloud  at  the  time  and 
place  of  sale,  and  the  sale  of  real  estate  so  made,  shall  puss  i$h 
same  to  the  purchaser  iYee  from  ail  judgment  hens  ;  but  if  there 
he  judgments  having  a  prior  lien  to  that  by  virtue  of  which  the 
sale  is  made,  unless  such  prior  lien  he  released  by  the  claimant, 
his  agent  or  attorney,  it  shall  be  the  duty  of  the  Sheriff  or  other 
officer  making  the  sale,  to  return  the  execution  and  proceeds  of 
sale  to  the  first  term  of  the  court  after  the  sate  from  which  the 
execution  issued,  endorsing  on  the  execution  his  proceedings, 
and  he  shall  also  connex  to  the  execution  the  certificate  of  tha 
clerk,  of  the  recorded  judgments;  whereupon  the  plaintiff  id 
execution  by  virtue  of  which  the  sale  was  made,  may  move  tha 
court  by  motion  entered  on  the  motion  docket,  for  an  order  of 
the  court  to  pay  the  proceeds  of  the  sale  in  satisfaction  of  the 
execution  by  virtue  of  which  such  sale  was  made,  and  if  no 
opposition  to  the  motion  be  made  within  three  days  after  said 
motion  shall  have  been  entered  on  the  motion  docket,  the  court 
shall  grant  such  motion  as  a  matter  of  course,  but  if  oppositiQfl 
be  made  by  any  creditor  holding  a  judgment  having  a  prior  lien., 
the  proceeds,  so  far  as  maybe  necessary  to  extinguish  such  prior 
judgment  and  lien,  shall  be  applied  to  the  payment  of  the  same, 
unless  opposition  be  made  thereto  upon  the  ground  that  sees1'. 
prior  Judgment  Was  fraudulent  and  collusive,  or  that  the  shvffn 
since  rendered,  has  been  paid  and  satisfied  in  whole  or  in  parri 
whereupon  the  court  shall  proceed  to  decide  according  to  the 
right  of  the  case  :  Provkl  d,  however,  that  if  any  person  should 
claim  the  proceeds  of  any  sale  so  made  by  virtue  of  any  judg- 
ment proved  to  have  been  fraudulent  or  collusive  inits  incipiencj 
or  to  have  been  satisfied  in  whole  or  in  part,  such  person  sliaH 
be  adjudged  to  pay  twenty  per  cent,  damages  upon  the  amount 
wroneduliv  claimed. 


119 

Sec.  4.  Th:it  any  judgment  creditor  may  preserve  his  hen 
by  causing  his  judgment  to  be  rerinscribed  or  recorded  as  herein 
provided,'  at  .any  time  before  the  lien  expires,  and  any  county 
clerk  refusing  or  negl.erctirig  to  discharge  t lu-  duties  herein 
required,  shall  be  responsible  in  datnag<  a  for  such  refusal  or  neg- 
lect,-and  lie  snatl  b's  allowed  to  .charge;  as  fqr  recording  other 
installments  and  certificates. 

Approved  14th  Feb.,  1860. 


CHAPTElfc  S6. 

AX  AOT making  an  appropriation. , far  (//<>  conthit/'id  expen- 
se s  of  the  £  fatup< . 
Section    1.              enacted  by >  fJie  JLegidatur    of  the   Stateo) 

.7T..-'v.  Thai  the  sum  oi'  live  thousand  dollars  is  hereby  appro- 
priated out  of  tin1  appropriation  hi  retofore  made  lor  the  mil 
and perdie'ra pay  of  the  members  and  officers  of  the.  present  Legis- 
lature, or  so  much  thereof  as  may  he  necessary,  asau  additional 
contingent  fuiid  to  defray  the  expenses  q£  the  present  Legisla- 
ture. 

This  act  to  take  effect  and  he  in  [owe    from  and  after  its  , 


Approved  Feb.  14th,  I860. 


CHATTEll   87. 

AN  A  T  attaching   certain  counties,  to  organized 

count-it 8  therein     named  for   Judicial    and   other  />urj>oscs 

ITon  1.     J;  t  f  hy  tin    Legislaiiqrq.qf ilie  Stat 

is,  That  the  territories  comprisiog  the  unorganized  coun 
named  in  this  act  up  til  organized  by  the  laws  creating  saidcoun- 
Rhal I  o    consul  'red  attached,  and  part  and    portion  of  such 
prganiz  •  1  c  »u  t  pained  for  all  judicial  purp 

whatso  (ver,  and  the  county  and  1  K-tiiet  ( Jourts  pf  said  organize  1 
counties  sh  ill  h  ive  full  and  entire  jurisdiction    ovi  r  Buch    unOr- 


120 

ganized  counties  until  properly  organized  themselves. 

Sec.  2.  For  such  purposes  the  counties  of  Coleman  and 
Kunnels.  shall  he  attached  to  the  county  of  Brown,  and  when 
the  county  of  Coleman  is  organized,  the  county  of  Runnels  shall 
be  attached  to  the  said  county  of  Coleman. 

Sec.  3.  The  counties  of  Eastland,  Callahan  and  Taylor, 
shall  be  attached  to  the  county  of  Comanche,  and  when  the 
county  of  Eastland  is  organized,  the  counties  of  Callahan  and 
Taylor  shall  belong  to  the  county  of  Eastland. 

Sec.  4.  The  counties  of  Buchanan,  Shackelford  and  Jones, 
shall  be  attached  to  the  county  of  Palo  Pinto,  and  when  the 
county  of  Buchanan  is  organized,  the  counties  of  Shackelford 
and  Jones  shall  belong  to  the  county  of  Buchanan. 

Sec.  5.  The  counties  of  Throckmorton,  Haskell,  Knox, 
Baylor  and  Archer,  shall  be  attached  to  the  county  of  Younjr, 
and  when  Throckmorton  is  organized,  the  counties  of  Haskell, 
Knox  and  Baylor,  shall  belong  to  the   county  of  Throckmorton. 

Sec.  6.  The  counties  of  Clay,  Wichita,  Willbarger,  Harde- 
man and  Greer,  shall  be  attached  to  the  county  of  Montague, 
and  when  the  county  of  Clay  is  organized,  the  counties  of 
Wichita,  Willbarger,  Hardeman  and  Greer  shall  belong  to  the 
county  of  Clay. 

Sec.  7.  The  counties  of  McCulloch  and  Concho,  shall  bo 
attached  to  the  county  of  San  Saba,  and  when  the  county  of 
McCulloch  shall  be  organized,  then  the  county  of  Concho  shall 
be  attached  to  the  county  ot  McCulloch.  The  county  of  Men- 
ard to  the  county  of  Mason  ;  the  county  of  Kimble  to  the 
county  of  Gillespie  ;  the  county  of  Edwards  to  the  county  of 
Bandera  ;  the  counties  of  Dawson,  Kinney  and  Zavala  to  the 
county  of  Uvalde,  and  when  Zavala  shall  be  organized,  then  the 
county  of  Kinney  shall  be  attached  to  Zavala  county  ;  the 
county  of  Frio  to  the  county  of  Atascosa  ;  the  county  of  McMul- 
len  to  the  county  of  Live  Oak  ;  the  county  of  Duval,  Encinal 
and  La  Salle  to  the  county  of  Nueces,  and  when  the  county 
of  Duval  is  organized,  the  counties  of  Encinal  and  La  Salle 
shall  belong  to  the  county  of  Duval  ;  the  county  of  Dimmit 
to  the  county  of  Webb. 

Sec.  8.  That  the  Assessor  and  Collector  of  any  organized 
county  to  which  any  unorganized  county  or  counties  are  attached 
for  judicial  purposes,  arc  hereby  authorized  and  required  to  a 
and  collect  the  taxes,  both  State  and  county,  from  all  persons 
(and  on  all  property  subject  to  taxation)  living  in  any  of  said 
unorganized  counties,  the  same  as  if  they  were  citizens  of  said 
organized  counties. 


121 

Sec.  9.     All  acts  and  laws  conflicting  with  this  act  arehereby 
repealed,  and  this  act  go  into  effect  from  and  after  its  passa 
Approved  February  14th,  1860. 


CHAPTER  SS. 

^JV    ACT  to  defim  ,  i   •<  certain  the   boundaries  between  THrath 

and    omanche  countv  s. 

Section  1  Be  it  enacted  by  tJie  Legislature  of  the  State  of 
Teocasx  Thai  the  Boutk-west  corner  of  Erath  county  as  mentioned 
in  an  act  approved  January  20th,  1  V."JS.  entitled  an  acl  to  amend 
an  act  creating  the  county  of  Comanche,  approvi  d  January  25th, 
p.85  >,  and  an  art  amending  said  act,  approved  August  25th, 
J856,  be,  and  the  same  shall  be,  at  a  point  eleven  miles  south 
sixty  degrees  west  from  the  north-west  corner  of  Bosque  county, 
as  established  by  the  original  act  creating  Bosque  county,  and 
paid  corner  shall  be  the  point  from  which  the  boundary  lines 
between  Comanche  and  Erath  county  shall  run  as  defined  in  the 
kbove  recited  act.  any  law  to  the  contrary  notwithstanding. 

Sec.  2.     That  this  act  take  effect  from  and  after  its  passage. 

Approved  Feb.  14th,  1S60. 


CHAPTER   89. 

AN  ACT  to  provide  for  the  organization  of  the  Militia  of  the 

State  of  Texas. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  Stat*  of 
Texas,  That  every  able-bodied  free  male  inhabitant  of  this  State, 
between  the  ages  of  eighteen  and  forty-five  years,  shall  be  liable 
to  perforin  military  duty,  except  as  herein  provided  ;  bu1  no 
!i  shall  be  called  on  to  perform  military  duty  who  shall  not 
at  the  time,  have  r<  sided  til  leas;  one  month  in  the  Stale,  and. 
ten  days  within  the  bounds  of  the  company  to  which  he  b<  longs 
excep:  in  cases  of  actual  or  threatened  invasion,  in  which  case  he 
shall  perform  such  duty  as  may  be  required  of  other  persons,  and 
shall  be  subject  to  like  lines  and  pcnalti 


122 

Se-.  2.  Julges  of  the  Supreme,  District  and  Probate  Courts. 
Secretary  of  State,  Auditor,  Treasurer  aad  Comptroller  of  the 
State,  clerks  of  the  Supreme  and  District  Courts,  Justices  of  the 
Peace,  Postmasters  who  havo  the  care  of  the  mails  of  the  United 
States,  Post  riders,  Public  millers,  Ferrymen  on  public  mads. 
Teachers  and  Professors  in  academies,  shall  he  exempt  from 
military  duty,  except  in  cases  of  imminent  danger,  insurrection 
or  invasion. 

Sec.  3.  The  militia  of  the  State  shall  he  divided  into  six- 
teen divisions,  and  thirty-two  brigades  ;  two  regiments  shall  he 
formed  in  each  Senatorial  District,  except  the  twenty-ninth  and 
thirty-third  districts,  which  shall  furnish  two  regiments.  Two 
regiments  shall  constitute  a  brigade^  and  two  brigades  a  divi 
The  first  and  second  Senatorial  Districts  shall  form  the  first 
division  ;  the   third    and   forrth  th  1   division  ;   the  fifth 

mid  sixth  the  third  division  ;  the  seventh  and  eighth  the  fourth 
division  ;  the  ninth  and  fourteenth  the  tilth  division  ;  the  tenth 
and  eleventh  the  sixth  division  ;  the  twelfth  and  thirteenth  the 
pevtentih  division  ;  the  fifteenth  and  twenty-first  lln  eighth  divi- 
sion ;  the  sixte;  nth  arid  seventeenth  the  ninth  division  ;  the 
eighteemth  and  nineteenth  the  tenth  division  ;  the  twentieth 
and    twenty-ei.v;'''' h    tin-   eleventh    division;   th  ty-secolld 

and  twenty-third  the  twelfi h  division  ;  the  twenty-fourth  and 
twenty-fifth  the  T!;iit<enth  division  :  t}\c  twenty-sixth  and 
twenty-seventh  the  fourteenth  division  ;  the  twenty-ninth, 
thirty-second  and  thirty-third  the  fifteenth  division  ;  the  thirtieth 
and  thirty-first  the  sixteenth  division. 

Sec.  4.  The  militia  of  each  district,  when  the  number  of 
persons  therein  subject  to  military  duly  shall  be  sufficient  to 
constitute  two  battalions  as  hereinafter  provided,  shall  consti- 
tute one  regiment  ;  but  wheii  the  number  of  militia  men  in 
district  shall  not  he  sufficient  to  constitute  two  battalions,  the 
militia  of  such  district  shall  constitute  a  seperate  battalion  to  ho 
formed  into  independent  companies  as  may  be  found  most 
convenient,  and  when  the  number  in  any  district  shall  ox 
the  whole  number  hereinafter  required  to  constitute  a  full  regi- 
ment, including  any  independent  companies  which  may  I 
in  such  county,  the  same  may  be  divided  into  two  regiments  by 
the  Brigadier  Genera!  commanding  the  brigade  to  which  such 
district  may  belong,  in  such  manner  as  he  shall  direct  ;  each 
battalion  shall  consist  of  not  more  than  five  nor  less  than  three 
companies,  and  each  company  of  not  more  than  one  hundred  nor 
less  than  eighty  non-commissioned  officers  and  privates  ;  and 
the  regiments  and  battalions  shall  be  numbered  by  the  Com- 
mander-in-Chief and  arranged  in  numerical  order. 


123 

Sec.  5.     All   commissioned    officers  shall  tank  aecordin. 
their   grades   and   the  date  of  their  commissions  ;    but  where 

!    the  sam  i  grade  are  elected  or  appointed  on  the  i 
dtv,  a  difference  in   the  •'  their  commissions  filial] 

e        mine  their,  rauk;    the  rank  of  all  their  field  or   general 

irs  of  this  State, b<,*ing  of  1  tidLwho>ari 

pr  appointed  on  th    -  day,  und  provisions  of  this- act 

jfpr  the" government  and  organization  (  Fthc  militia  of  this  State, 
shall  tye  determined  by  lot  to  be  drawn  by  the  Adjutant 
in  the  presence  of  thy  Governor  and  Secrptary  of  State  :  which 
duty  he  is  required  to  perform  as  soon  as  practicable-, and  imme- 
diately tin  :■  so  drawn,  the  result 
ich  drawing  :  and   it  shall  be  the  duty  of  the  Adjutant 
I                     luk'e  an  entry  in  a  book  kept  by  hini  for  that  pur 
ot  the  grade   and  rank  of  each  .■  rank  is  determined 
in  this  act. 
■.  (i.  The  rank  oi              is  and  subalternroflioers  which  may 
hereafter  be   elected  on   tl             i  day   belonging  to  i 

.,[  be  determined  by  \oi  druwn  in  pw  f  the 

imandant  ;  and  the  Adjutant  shall  make  a  record  of 

tin*  grade  and  rank  of  each  officer  whos  i  rank  is  so  determined  ; 

and    each  regiment   shall   be   commanded   by  one  C  Lonel,   and 

aratje  battalion  and  the  iirst   battalion  in  each   regiment 

by  a  Li<  litqh&ui  Col  >ne]  ;  t  lu-  si  cond  battalion  in  each  regimbni 

one   Major,;  each  company:  In*  one  Captain,   one   first  and 

ud  Lieutenant,   and  such  npn  -doned  oi  -  are 

usually   appointed    to  companies  in   the  service   of  the  United 

The   Majou-Crenei'als  each   shall  appoint  Ins   Aid-der 

.  and  the  Governor  shall  appoint  one  Aidi-de*camp  in  i 

:-ti.  neral's  division,  with  the  rank  of  Colonel  oi  (Java  iy  ; 

the    Brigadier  Generals   each    his  Aid?de-Cainp  and    Brigade* 

Major  ;  the  commanding  officer  of  each  regiment  and  separate 

battalion  his  paymaster,  Judge  Advocate,   Adjutant.  Qua 

r,   Sergeant,   Majpr  and  Fife-Major  ;  and    th?   Captains:, 
their  drummers  and  tilers. 

.  T.  The  Major  and  Brigadier  Genprals  of  the  Stal  i  shalJ 
pe  allowed  to  appoin.t  in  addition  to  the,  staif  allowed  them  by 
this  act,  i  Other  additional  si.-. Us  as  are  allowed  to  officers  of 

a  like  grade  in  the  army  of  the  United  States, 

S'kc.  8.     The   staffs   of    the    MajorrQen<?raJs   shall   rank   as 
Colonel  of  Infantry;    tli  of  the    BrigadieirGenei'ttls,  as 

Majors   of  Cavalry;  and   the  staffs  of   Qolonel^Goiam mdant 
shall  rank  as  Captains  of  Iufantry  ;  and  the  said 
called  into  actual    per  vice;  either,  by  authority  of   this    as   the 


124 

United  States,  shall  be  entitled  to  the  same  pay  and  emolu- 
ments as  officers  of  the  like  grade  belonging  10  the  United  States 
Army. 

Sec.  9.  The  Governor  shall  immediately  after  the  passage 
of  this  act,  appoint  one  Brigadier-General  in  each  Brigade, 
whose  duties  shall  be  to  organize  the  militia  as  in  section  tenth 
ot  this  act  ;  after  such  organization  shall  have  taken  place,  the 
commissioned  officers  of  each  Brigade  shall  proceed  to  elect  the 
Brigadier-General  of  such  Brigade,  and  the  person  so  elected 
shall  be  commissioned  by  the  Governor,  when  the  appointment 
under  this  section  shall  cease. 

Sec.  10.  It  shall  be  the  duty  of  each  Brigadier-General,  so 
soon  as  he  may  be  elected  and  commissioned  by  the  Governor, 
under  the  provisions  of  this  act,  to  proceed  without  delay  to 
divide  his  brigade  into  regiments  and  battalions,  or  separate  and 
independent  battalions  as  the  case  may  be  ;  and  said  division 
shall  be  made  as  nearly  equal  and  equitable  as  practicable  ;  and 
it  shall  be  the  duty  of  said  Brigadier-General  to  nrocecd  to  order 
or  cause  elections  to  be  held  throughout  their  respective  com- 
mands, fur  Colonels-Commandant,  Lieutenant  Colonels,  and 
Majors  for  each  regiment  or  separate  battalion  ;  which  election 
shall  be  held  according  to  law,  and  returns  made  thereof  to  the. 
Governor,  who  shall  commission  said  Colonels,  Lieutenant-Colo- 
nels and  Majors,  as  the  case  may  be  ;  and  said  Colonels, 
Lieutenant-Colonels  and  Majors  shall,  after  receiving  their 
respective  commissions  as  herein  contemplated,  cause  their 
respective  regiments  or  battalions  to  be  divided  into  companies 
as  nearly  equa'  as  practicable,  and  cause  elections  to  be  holden 
in  each  county  beat  for  captain,  one  first  Lieutenant,  and  one 
second  Lieutenant  for  each  company,  and  such  other  officers  as 
are  allowed  by  law  in  the  United  States  service,  giving  at  least 
fifteen  days'  notice  of  such  election  ;  which  election  shall  beheld 
according  to  law  regulating  elections  for  civil  officers,  and  the 
returns  tnereof  to  be  made  to  the  Colonel-Commandant  or  the 
Lieutenant-Colonel-Commandant  of  each  separate  battalion,  as 
the  case  may  be,  within  ten  days  thereafter,  whose  duty  it  shall 
be  to  keep  said  election  returns,  and  within  five  days  thereafter 
to  make  out  an  abstract  of  said  election  returns  under  his  hand 
anil  seal,  and  transmit  the  same  to  the  Governor  by  mail,  whose 
duty  it  shall  be  to  commission  all  persons  elected  as  aforesaid  ; 
and  the  term  of  service  of  all  officers  elected  under  the  provision 
of  this  act  shall  be  during  good  behavior,  or  in  case  of  promotion, 
resignation  or  discharge. 

Sec.  11.     It  shall   be  the  dutv  of  the  Governor  to  issue  his 


proclamation  requiring  elections  to  be  lield  in  each  division, 
brigade,  regiment,  battalion  and  compai  nghout  the  State, 

|]  officers  contemplated  hy  this  act,  to  l"1  elected  on  the  day 
i part  by  the  proclamati  ttion  shall  1-* 

published  in  a1  least  one  newHpapi  division 

thirty  days  previous  to  said  election  ;  which  elections  shall  be 
held  at  the  same  places,  conducted  in  the  same  fnanBer,  an  i 
returned  in  the  same  way  as  elections  for  civil  officers,  to  the 
Governor  of  the  State,  who  shall  commission  the  same.  All 
elections  to  fii  I  va  hall  be  held  i;  for  the  election 

I   a  vacancy  in   the  offie   of   Vlaj  I         rnor 

shall  issue  his  order  giving  sixty  days'  tice;  which  election 
shall  be  held  at   the  usual   pla       ■■    holding  elections   for  civil 

rs  in  each  and  every  county  composing  the  division  in  which 
such  vacancy  may  occur  ;  and  such  election  shall  be  held  and 
conducted  in  the  same  raauner  as  hereinafter  provided  ;  and  to 
fill   a   vacancy   in   the  office  of  Brigadier-General,   the    Major- 

ral  shall  issue  his  order  giving  torty  days'  notice  ;  to  fill  a 

icy  in  the  otfice  of  Colonel  of  a  regiment  or  Lieutenant- 
Colonel  commanding  a  separate  battalion,  the  Brigadier-General 
shall  issue  his  order  giving  thirty  •  tice  :  to  fill  a  vacancy 

in  the  office  of  Lieittenant*Colonel  or  Major  of  a  battalion,  the 

ool  shall  issue  his  order  giving  ten  days'  notice  J  and  to  fill 
■]  \  -  mncy  in  the  office  of  firsl  and  second  Lieutenant,  the  Captain 
thai  I  issue  his  order  giving  five  day's  notice  there  f. 

Sec.   12.     I  in  who  shall  be  elected  and  commissioned 

]ii  the  Military  Department  of  this  State  shall  resign  the  same, 
tinl  ilju'  shall  ha>  e  fully  organized  the  militia  under  his  command, 
and  shall  have  made  lull  returm  thereof,  of  the  number  of  effec- 
tive men  under  his  command  to  his  superior  officer,  under  the 
following  penalties  ;  if  he  be  a  Major-General,  in  the  Burn  of  one 
hundred  dollars  :  if  a  Brigadier-General,  in  the  sura  of  seventy- 
five  dollars;  if  a  Colonel  of  a  regii  n  LieufeenantcColonel 
of  a  separate  battalion,  in  the  sum  ol  fifty  dollars  ;  if  aLieuteu- 
ant-Colonel  or  Major  of  a  battalion,  in  the  sum  oi'  forty  dollars; 
if  a  Captain,  in  the  sum  of  thirty  dollars;  if  a  first  or  second 
Lieutenant,  in  the  sum  of  twenty  dollars  ;  to  be  recovered  and 
appropriated  as  other  lines  and  penalties  are  by  this  act  directe  1 
Sec.  13.  In  all  cases  where  the  militia  in  any  of  the  military 
divisions  of  this  9  all  tail  to  elect  such  officers  as  they  are 
required  to  by  law,  such  division  shall  be  attached  to  and  form  a 
part  of  some  other  division  which  shall  have  the  requisite  officers, 
and  shall   be  subject   to  perform  all  military  duty  by  this  act 

red,  under  the  command   of  the  offic<  rs  of  the  division  to 


126 

whick  they  may  be  attached  ;  if  the  delinquency  or  failure  shall 
b:ccar  in  a  company  division,  the  militia  of  suck  division  shall  he 
attached  to  the  next  adjoining  company  in   the  same  battalion^ 
if  any  company  of  the  battaiion  to  which  such  division  belongs 
shall  have   (ho   requisite  officers,  by  order  of  the   Lieutenant^ 
Colonel  or   Major  of  saieh  battalion  ;  and  if  there  shall   he  no 
company  in  the  battalion,  organised  and  officered  as  required  hy 
this  act,  l lie  militia  of  each  company  of  such  battalion   shed!  bo 
attached  to  the  most  eonveniesnt  company  of  the  regiment  which 
shall  he  found  to  have  the  requisite  offieeify  by  an  order  of   t!ic 
Colonel  of  such  regiment  ;  and  if   any  regiment  or  separate  bat- 
talion  shall   be   found   unorganized  and    without   the   rcoiisite 
officers,  the  militia  of  such  regiment  <>r  separate  battalion  shall' 
be  attached  to  the    most  convenient  regiment  Orseparati 
ion  in  the  brigade  which  shall  be  found  to  have  the  officers   and 
organization   required   by   law,   by  an   order   of   the   Brigadier* 
General  of  the  brigade  to  which  such  regiment  or  battalion  may 
belong.     If  any  brigade  shall  be  fourid  unorganized  end  without 
the  requisite   officers   fco  command  the  same,  the  militia 
brigade  shall  beattadfeed  to    the  most  convenient  brigade  in  the 
division,  to  which  such  division  belongs,  which,  shall  be  bamd  to 
have  the  officers  required  by  lav,  by  r,'L-i[rr  of  the1  Major-G-enei'^ 
of  such  division  ;  and  in  all  cases  when  the  militia  of  any  divi- 
sion   shall   be  attached   to  any   ether   division,    as   b  ere  in  before 
provided,  the   militia  so  attached   shall    be   commanded   b 
oUi.-crs  of  the  division  to  which  fchey  shaH  be  attached, -and  shall 
be  liable  to   the  same  duty,    ami  subject  to  the  same  tines  and 
penalties  as  if  they  had   previously  belonged  fco  such  divis 
and  the  militia  of  any  division    attached  to  another  division,  as 
aforesaid,  shall  remain  subject  to  such  command  until  they  shall 
b.3  admitted  by  an  order  of  their  superior  ohiccr.  to  whose  com- 
mand they  may  ba  attached,  to  elect  the  requisite  officers  #6 
command  such  division,  and  shall   have  reported  to  him  that 
they   have  all   the  requisite  officers   for   the  command  of  their 
urate  divisions  duly  elected  and  commissioned:;  after  which 
the  command  of  the  officers  of  the  division  fco  which  they  shall 
have  been  attached  shall  cause,  and  shall  devolve  on  the  6f3 
of   the  division,  elected  and   commissoued  as   aforesaid  :   and  if 
any  division  shall  be  found  a  second  time  unorganised  and  with- 
out officers  as  required  by  this  <ac\  they  shall  in  like  manner  b:; 
again  attached  to  some  division  having  the  requisite  officers  and 
organization,  and  shall  bo  debarred  the  privilege  ai  again  sepaia^ 
ting  from   the  division  and  command   to   Which  they   shall  be 
attached,  and  shall  permanently  eoinpl  se  a  p art  <>i'  said  command, 


127 

anything  in  this  act  to  the  contrary   notwithstanding;  and 
niii  sor  whose  duty  it  is  made  by  this  act  to  order  militia  of  any 
of  111;1  divisions  to  be  attached  to  Bome  other  <li\  ision,  as  provided 
£'.  >r  by  this  act,  shall  at  the  time  of  issuing  ve  publid 

Notice  thereof  to  the  militia  of  the  division   to   be  id  rts 

ai'ii'-iii;  if  it  he  a  company;  th  i  writing^ 

but  up  in  at.  least  two  of  the  m!o'»1  public  places  in  the  company 
heat  :  it   it  be  a  battalion,  the  like  n  >tice  shall   be  put  lip  in  at 
le::.-!  one  of  the  most  public  placefa  of  each  company  of  the  bat* 
ba]ion  ;  if  a  brigade^   regiment  or  separate   Imttuli 
Notice  shall  be   up  in  at  least  one  of  the  m  \st  public   | 
the  brigade,  regiment  or  separate  battalion-,  or  be  frablishei 
three  we*  ks  successively  in  one  or  mos?e  of  the  newspapers  pub* 
lished  in  this  State  :  and  any  notice  given  :   shall  be 

Seemed  in  law  sufficient,' and  the  militia  as  aottfied  shall,  I 
the  time  of  issuing  siieh  order  and  givii  s  obnsid* 

eivd  and  (reeled  as   pari  of  tl;<'  division  to  which  they  may  be 
attached,  and  compose  a  part  <■:'  lie'  command  of  tie'  i 
tie'  division  to  which  they  are  attached,  anything  in  tr 
tie.1  contrary  notwithstanding  ;  and  any  general  ordter  issued  by 
the  Commander-in-Chief,  any  Major^General  or  Brigadier-iGbn* 
cral.  and  published  in  any   newspaper  printed   in  this   State  f.  r 

i   weeks  successively,  shall   he  deemed  in  law  a   • 
fctotice  thereof  to  the  militia,  and    to  all    persons  to   bi 
ihereity,  and  shall  be  to  all  intents  and   jpurposcs  as  valid 
tin1  same    were    communicated    by  express  or  any  other  manner 
whatever. 

Sec,   14.     All   elections  in  tie1  militia  department  which  may 
hereafter  be  contested,  sliall   be  determined  in    the  following 

manner,  viz:  If  the  election  ,,f  a  Major^General  shall  bocon- 
d,  the  party  contesting  such  election  shall  furnish  the 
'nor  a  fair   statement  of   his   reasons  in    writi;  i    the 

receipt  of  which,  he  shall  order  a  Court  of  Enquiry  to  be  hell  at 
Buch  place  as  he  may  designate  in  the  division  to  which  such 
Major- General  belongs  ;  at  which  court  each  militia  office*  of 
|ivision,  not  under  tin1  grade  of  a  field  officer,  shall  be  entitled 
to  a  seat  :  and  if  the  el  iction  ^i'  a  Brigadier^General  shall  at, 
any  time  be  contested,  the  complainant  shall  make  the  like  e©m-! 
pjaint  and  application    to  the    Major-G-eriera]  of  the   divSsionto 

'i  such  brigade  belongs,  who   is.  upon    tin 

required  to  order  a  brign  le  C  »url  of  Enquiry,  as  in  other  eas  s  : 

and  when  the  election  of  a  Colonel  of  aregimeUfy  or  Lionionant- 

Qplonel  of  a  separate  battalion,  or    Lieutenant-Colonel  or  Majoi 

rate  battalion,  shall  be  contested,  comprint  and  appli- 


128 

ill  shall  in  like  manner  be  made  to  the  next  highest  officer 
ta  command,  who,  upon  receipt  thereof,  shall  order  a  separate 
regiment  Court  of  Inquiry  accordingly  ;  if  under  the  rank  of  a 
field  officer,  all   complaints   and  applications  shall  be  made  to 

the  commanding  officer  of  the  regiment  or  seperate  battalion 
where  the  cm  tests  exists  ;  and  in  order  to  explain  and  tix  a  princi- 
ple to  govern  theseveral  Courts  of  Inquiry  in  their  duties  respecting 
contested  elections,  it  is  hereby  declared  that  the  person  contest- 
ing shall,  in  all  cases,  be  bound  to  furnish  satisfactory  proof  to 
the  court,  that  the  person  whose  election  is  contested  did  receive 
a  number  of  illegal  votes,  which,  if  deducted,  would  give  a 
majority  to  the  person  contesting  ;  and  if  the  contesting  per -on 
shall  fail  to  establish  his  charge,  or  if  the  charge  shall  be  suffi- 
ciently supported,  in  either  case,  the  court  shall  report  in  favor 
of  the  person  having  the  greatest  number  of  legal  votes  as  being 
duly  elected  ;  and  the  President  of  each  Court  of  Inquiry  shall 
certify,  under  his  hand,  the  name  or  names  of  the  person  thus 
duly  elected  ;  which  certificate,  if  the  officer  shall  be  of  the 
grade  of  General  or  field  officer,  shall  be  directed  and  sent  to  the 
Governor  ;  if  commissioned  officers  of  companies,  the  certificate 
shall  be  signed  as  aforesaid,  and  be  directed  and  sent  to  the 
Colonel  of  the  regiment  or  Lieutenant-Colonel  of  the  separate 
battalion,  and  by  him  to  the  Governor,  who  shall  issue  commis- 
sions in  either  of  the  above  cases  ;  and  in  order  to  provide  more 
&mply  for  deciding  contested  elections,  it  is  hereby  declared  that 
when  the  cause  shall  arise  from  any  illegal  proceedings  of  any 
person  ordering,  conducting  or  judging  said  election,  on  proof 
thereof  being  made  satisfactory  to  the  Court  of  Inquiry,  such 
election  shall  be  declared  void,  and  the  President  by  and  with 
the  authority  of  such  Court  ot  Inquiry  shall  direct  the  proper 
officer  to  issue  an  order  or  orders  for  an  election  to  fill  such 
vacancy,  which  election  so  ordered,  shall  in  all  things  be  con- 
ducted in  the  same  way  as  other  elections  to  fill  vacancies  in  like 
offices  are  by  this  act  directed. 

Sec.  15.  Each  and  every  officer  elected  and  commissioned 
under  the  provisions  of  this  act  shall,  previous  to  entering  upon 
the  execution  of  the  duties  of  his  office,  take  the  following  oath  : 
J  __« — do  sojemnly  swear  that  1  will  support  the  Constitution 
of  the  United  States  and  of  this  State,  and  that  I  will  faithfully 
and  justly  execute  the  duties  of  the  offices  of — — - — 'in  the—— — - 
company,  b  itta.ion,  regiment,  brigade  or  division,  as  the  case 
may  he,  of  the.  militia  of  this  State,  according  to  the  best  of  my 
sHll,  power  and  judgment,  so  help  me  God  ;  a  copy  of  which 
shall  h1  en  lorsed  on  the  back  of  the  commission,  signed  by  the 


129 

i  i  I  iking  the  1  by  the  officer  who  adminis- 

tered tin1  oath. 

;-;■  .    16      Ct* any  commissioned  officer  shall  move  on 
b  >unds  of  his  division,  brigade  or  regie  :  >n  or 

company,  or  offer  himself  a  candidate   for  any  other  milil 

lintment,  or  shall   be  ab  srefrom   otherwise   than  on 

military  duty,  for  more  tl  Ive   months  at  one   time,  his 

office  shall  be  1  ;  and  if  any  commission  1 1 

•;■  shall   think  himself  injured  by  his  superior  and 

shall,  Upon  due  application  made  to  him,  be   refused  redress,  he 
may  complain  to  I       Bri    idier  Greneral,  who  shall  order  a  brigade 

Miry  to   I  he  rules  and   reg 

prescribed  by  this  act;  il    any  inferior  officer  or  private  Bhall 
injure  1  by  his  Captain  or  any  otb 

parate   bal  talion   to   which  he  b  ■' 

mm  mdin  it  or 

separate  battalion,  who  shall  order  a  Court  of  In  |uiry,  and  such 
Court  shall  determine  the  c  mplaint  agreeably  to  the  natui 

that  the  person  complaining  shall  exhibit 
his  charge  in  uipported  by  oath  or  affirmation. 

.    L7.     :  iptain  or  commanding  shall  hold  at 

months  of   March  and 
mber  in  each  year,  arid  shall  require  the  non-commissioned 
his  company,  or  such  of  them  as  he  shall  d 
I  i  warn  his  men  of  the  place  of  muster,  in  all  cases  wher 

is  not  given  at  the  previous  muster  :  and  each  Captain 

have  the  right  to  designate  his  muster  ground,  but  shall 

utable  muster  ground  as  near  central  as  circum- 

is  will  permit  ;   and   after  the  first  muster  the  comp 

shall  selecl  a  place  of  muster,  and  every  officer,  non-commissio 

r  and  private,  shall  appear  at  his  respective  muster  field  by 

-.  and  no  the  parade  until 

officer  ■•  unm  mding  the  troops  :  and 

>fficer  of  the  company  shall 

lit  of  the  company  to  call   the  roll,  in  his 

nee,  between  the  lion  sven  and  twelve  ;  and 

the  c  shall  examine  every 

m   I-  longing  to  Ids  company,   note  all   the  delinquei 

nt  of  the  strength  and  condition  of 
.  and  mak  >  the      del   J  us1 ' 

immanding  officer  "I'  i!i"   battalion  t<> 
.  within    twenty  days  thereafter,  whose  duty  it 
fchall  be  to  r  to   the  commanding  officer  of   his 

within  luty.il  shall  b 

1 


130 

make  out  an  accurate  statement  of  the  condition  of  his  rep  mi 
and  return  the  same  io  tire  commanding  officer  of  the  brigade 
within  ten  days  thereafter,  to  which  lie  may  belong  ;  and  the 
commanding  officer  of  a  separate  battalion  shall  mak^  a  like 
return  to  the  commanding  officer  of  the  brigade  to  which  he 
belongs  within  the  same  time  ;  and  the  Brigadier-General  shall 
makj  a  like  return  to  the  Major-Gcneral  commanding  the  divi- 
sion to  which  his  brigade  belongs  within  twenty  days  thereafter; 
■and  the  Major-General  of  a  division  shall  malm  a  like  return  of  the 
division  under  his  command,  to  the  Adjutant-General  of  the 
State  within  twenty  days  threafter  ;  and  it  shall  he  the  d u ty  of 
Adjutant-General  to  furnish  such  blank  forms  of  all  the  different 
returns,  an  explanation  of  the  principles  on  which  they  should 
be  made,  as  shall  ho  approved  by  the  Commander-in-Chief ; 
and,  also.,  to  receive  the  returns  of  the  militia  throughout  the 
.State,  from  all  which  he  shall  make  the  proper  abstract  and  lay 
the  same  before  the  Commander-in-Chief  of  this  State,  within 
twenty  days  after  they  shall  have  been  received  by  him  or  sooner 
if  required  by  the  Commander-in-Chief  5  and  I  minander* 

in-Chief  when  required,  shall  lay  the  same  before  the  Legislature! 
of  the  State,  and  the  Adjutanl  General  shall  transmit  a 
duplicate  abstract  ©f  the  number  and  condition  of  the  militia  to 
the  Adjutant-General's  office  of  the  United  States  annually. 

Sec.  18.     If  any  non-commissioned  officer,  musician  or 
at  any  muster,  shall  disobey    the   legal  and  proper  orders  of   hid 
superior  officer,  or  act  in  a  disorderly  manner,   or  if  by  slanders 
at  any  such  muster,  he  shall  insult  or  otherwise  molest 
officer,  non-commissioned  0  1  ;•  private,   while  1 

employed  in  any  other  service  authorized  by  the  laws  of  this 
State,  the  commanding  officer  of  the  company  may  order  such 
person  to  be  arrested  and  placed  under  gnard  for  any  length  oi 
time  not  exceeding  three  hours  ;  and  the  person  or  persons  so 
offending  shall,  moreover,  be  subject  to    pay  such  may 

be  imposed  in  the  manner  hereinafter  provided. 

Sec.  19.  In  order  to  compel  the  observance  ri  the  provision^ 
of  this  act,  ami  for  the  purpose  of  introducing  a  proper  degi 
subordination  and  discipline  in  the  operations  of  the  militia  ol 
this  State,  the  following  penalties  shall  be  incurred  and  into 
ia  the  manner  hereinafter  directed,  that  is  to  say  :  the  Adjutant! 
General,  for  a  neglect  or  violation  of  those  duti  s  imposed  upoi 
him  by  this  act,  shall  incur  a  penalty  not  exceeding  onehuudiel 
dollars  nor  less  than  fifty  dollars  ;  and  any  e  umaissioned  or  s  ai 
officer  for  failing  to  perform  the  duties  required  of  him  by  this 
act,  shall  forfeit  and  pay  as  follows  ;  commandant  of  a  regiment 


131 

ion,  the  sum  01  fifty  dol 

dollars :  the  commanding 
••■    dollars;  and   those 
rs  respectively)  shall,  moreover,  bo  lia  shiered  al 

the   discretions    o\     a    Court-Martial.  missioned 

notice  '';  i  .  when  he  glial 

s  For  that    purpose,  wil  liottl  a  reasonable 
■.  o  dollars 
mmvieian  or  j  isobej  tag 

tony  order,  w  give,  or 

■■'■-.'• 

to  do  his  duty  v  e.  <  r  absent- 

ing 1)  I  twlu]  mall  forfeit  and  pay  e 

fiue  .  shall  ord 

11  sum  of  five  doll  sry  non-c 

ccr  appointed  in  pUr  it,  shall  serve 

i .  unless   in  •    •  urge,  proa 

[t  shall  be  the  duty  dtf  the  commanding  < : 

paries      >  proceed  Forthwith  to   divide   the  companies  into 

classes  by  Fallot,  From  one  to  I        ,        1  igulai 

toutiae  ofd  LtJ  when  called  inl  al  service,  and   to  return  a 

and  its  number  in  rotation,  within  thirty  days' 

:  taliou,  who  shall 
lent,  who 
"shall  A  iji-'lan!  :  and  the  corn- 

man  tall  make 

rolled 

•   to  per  Form    the  first   tour  od 

*duty,  and  tkosc  in  tls  L  tour  of  duty,  and 

ird   tour  o  »n  ii; 

rotation.     Y\  hea  any   Colonel  of  a  tregimci      or  a  unt- 

■    parate    battalion  shall   be  ed  with  mal- 

tratiofi   or   neglect    of  duty,    it  sha!3    I  I   for  any 

'.'..-'':■  ral  of  the 
ich  other  officer  as  shalJ  a 

wi 

me ;  and  tin 
i  to  order  a  brigade  Court- 
to  be  under 
.  when  :  take  and 

■  the  ••same  eath  pi 

ing  thus   sworn,  shall   inquire  into  the  nature 
.  :uscd 


m 


■     -.,    .  .       I    ?Uch  neglect  of  d  ;  y,      ■   sh 

and  pay  (if  guilty    of  a  misdemeanor  in  ohi:e)  any  sum   not 
Bxcee      i        'rv  dollars,  and  shall   be  cashiered  :  and   when  ahy 


for  any  ofli  :<  r,  non-commissioned  officer  or  private,  to  exhibit  t 
the  Colonel  of  the  regiment,  or  Lieutenant-Colonel  of  a  separate 

talion,  a  tail  I  ment  of  the  charge  or  charges,  and  the  facta 
intended  to  establish  ihc  same  ;  and  the  I  lolonel  or  Lieutenant-' 
Ooloi    ''  hom  such  complaint   is   made   in  writing,  niaj 

his  di  -  order  a  regimental  or  battali   n  Court-Martial  to 

consist  of  at  leas  t  five  •  ioi  d  officers,  who  shall  ta her  ansl 
subscribe  the  oath  directed  to  bo  taken  by  this  act,  and  when 
sworn,  shall  inquire  into  the  nature  and  truth  of  the  charge  or 
charges  so  exhibited  j  audit*  found  guilty  i   :    I  meaner  in 

offij3,  the  offiber  a  >  acyjusel  shall  ;:••  cashiered,  and  if  guilty  ol 
neglect  of  duty  shall  be  1  is  pi      iribed  by  law  ;  bus  no  sen-' 

sofanv         ft- 1    trtial,  cas-hierini';  any  otScer  shall  bo  final, 
tun  til       '        •  .•  bi    laid  before  the  Commander 
him  appro  red,  if  a  cash  ion  !    hall  pray  an  appeal  for 

Biich  decision   to  him,  othe  II  be  final. 

Sec*.  21.     IJ  any]    rson  >  called  on  to  perform  a   tour 

of  duty,  such  person  shall  be  acquitted:  Provided}  ho  furnish 
fco  ids  commanding  officer  an  able-bodied  substitute  in  his  room? 
or  stead  J  and  if  any  such  substitute  should  be  called  into  actual 
srvi  ■  ■  in  his  own  term,  previous  to  the  expiration  of  the  tsrm 
for  which  he  shall  have  enrolled  as  such  i  -.'■  then  the 

person  procuring  such  substitute  shall  m&yeh  in  Ids  room,  or' 
procure  anothe  titute  for  the  remainder  of  the  term,  or  ba 

liable  to  the  same  penalties  as  if  called  upon  in  hi     own 
Any  person  called  upon  fco  p  s'rfn'm  a  tour  of  duty  as  aforesaa  1. 
and  serving  by  himstvlfor  sub* titute,  or  otherwise  paying 
line  as  the  0  dirt-Martial  shall  adjudge  adequate  to       ■  oife;?3e, 
shall  not  be  bound  to  perform  any  tour  of  duty  un?til  regularly] 
called  upon  by  rotation. 

Stfc.  22.  When  it  may  be  necs  iry  to  call  into  aci 
:  :r\  ice  any  part  of  the  militia,  on  an  actual  or  threatened  inva-^ 
due.  of  the  S'tate,.  or  any  of  the  reeighb  eting  States  or  territorii  ■ 
it  shall  and  may  be  lawful  for  the  Governor  to  order  into  the 
part  of  the  militia  as  the  emergency]  i.y  require  j 
and  when  any  pari  of  the  militia  of  this  Stare  shaM  bo  called 
into  actual  service,  it  shall  be  the  duty  of  the  Commander-in-J 
Chief  to   order  from    the  militia  or  b&ttalioa  from)  which  tha 


133 

ia  shall  be  cli  bached,  ' 
the  regiment  or  battalion,  a  sufficie  iring 

in 
i  cases  the 

ia  of  thii    '  shall  be  *■  :i. •,:..-.  ;     perform  their  tou 

aie   mann  i 

everal  class  's  of  the  militia  : 

Qths 
sixty  clays  shall  \y  eousid  by. 

iii    CO 

ttened   or    , 

it  shall  be  lawful  for  the  Go1 
>t  iiim  bion  of 

.  - 
>H  as  lie  rn 
the   I  md   if  o   sadden 

i 

i 
ter  owl  such  part  of  the  -      aay  think 

ion; 

LSiOIJ 

[uisition  on  tl 

with  sue 
all  be  tin 
th»   milil    i  or  any  par  ■  t.  as 

■ 
his  n  .  lie  militi  - 

I  out.  s:  :;._  -  '.    v  ; . :    ■  •   their 

ball  be  continued  ■  a  longer 

.  and   the  militia 

d  by  the 

ted  Si   kes. 

.24  ■  r  to  be  tried  shall 

sand  place  appointed 
■ 

■  >rc   bhe  sitting  of 
urt-Martial    for  I  he  trial  of  ai 
f  the  nui  in  the 

id  i" 

■  ;   with 

ioned 

: 


134 

Sec.  25.  The-  Captains  and  subaltern  officers  of  each  and 
every  company,  or  a  majority  of  them,  shall,  on  the  muster  day 
next  succeeding  the  muster  of  each  company,  at  which  there  has 
;  any  delinquency  or  delinquencies,  hold  a  court  for  the 
adjustment  of  fines  in  eaefi  company  ;  and  the  eomn&sndirig' 
n nicer  of  the  company  sh a?l  issue  his  warrant,  directed  to  any 
Sheriff  or  Constable  in  his  beat,  which  warrant  shall  feve  the 
force  and  effect  of  an  execution  ;  and  said  Constable  sha?l  pro- 
ceed to  collect  the  same,  in  the  same  manner  as  if  said  execution 
had  issued  under  and  by  the  authority  of  any  civil  officer  within 
this  Slate  :  and  all  fines  collected  by  virtue  of  the  provisions 
contained  in  this  section,  shall  be  paid  to  the  Captain  of  such, 
company,  within  ten  days  after  the  same  may  be  collected,  and 
by  him  applied  to  the  purchase   of  a  drum,  life  and  colors,  and 

>r  other  purposes  for  the  use  of  the  company. 
Sec.  26.  When  either  the  Major-General,  Brigadier-General 
or  Brigade-Major,  shall  be  charged  with  malfeasance  or  neglect 
of  duty  in  office  :  if  a  Major-*  general,  it  shrill  be  lawful  for  any 
militia  officer,  not  under  the  grade  of  a  field  officer,  to  exhibit 
to  the  Governor,  for  the  time  being,  a  fair  statement  of  the 
charge  or  charges,  with  the  facts  intended  to  establish  the  same,  who 
h  hereby  authorized  to  order  a,  general  LTourt-Martsal,  to  consist  of 
at  least  nine  members,  none  to  be  chosen  nsnder  the  grade  of  a 
held  officer,  who,  when  convened,  shall  take  and  subscribe  the 
sa  ne  oath  prescribed  for  regimental  Courts-Martial  ;  the  said 
e  mrts  thus  sworn,  shall  have  power  to  inquire  into  the  nature  of 
the  offence  *  and  if  it  shall  constitute  a  misdemeanor  in  office,. 
he  shall  be  removed  from  the  same  ;  if  for  neglect  of  duty,  he 
shall  forfeit  and  pay  a  sum  not  to  exceed  one  hundred  dollars,  at 
the  discretion  of  the  Court- Martial,  to  be  collected  as  in  similar 
eises  of  fines;  if  a  Brigadier- General  or  Brigade.  Major  shall  be 
guilty  of  either  of  the  aforesaid  offences,  the  charge  shall  be 
submitted  to  the  Major-General,  who  shall  issue  his  order  to  the 
senior  Colonel  commanding  in  the  Brigade  in  which  the  person 
charged  resides,  by  virtue  of  which  order  the  Colonel  shall  hold 
a  Court-Martial,  and  proceed  in  the  same  manner  as  directed  for 
the  trial  of  Major-General  :  Provided,  that  in  all  casi 
charges  exhibited  against  officers,  the  officer  ordering  a  Court- 
Martial  shall,  as  soon  as  practicable,  furnish  the  person  charged 
with  a  copy  of  the  charges  exhibited  against  him  ;  and  the 
President  of  the  Court-Martial  shall  give  at  Jeast  ten  days* 
n  itice  of  the  time  and  place  appointed  for  trial,  and  pause  sneb 
witnesses  as  may  be  required  by  either  party  to  be  summoned  bj? 
the  Adjutant  o1    the  regiment  in  which  they  reside  :,  and  ever* 


135 

person  so  summoned  and  failing  to  attend,  or  refusing  to  be 
sworn,  shall  be  tried  by  the  Court-Martial,  and  if  he  bean  officer, 
inay  I"'  cashiered  or  fined  at  the  discretion  of  the  Court-Martial, 
not  exceeding  fifty  dollars;  if  a   non-commissioned   ofl 
private,   he  may   be   lined  not  ing   twenty  dollars,  and. 

moreovi  r.  be  confined  under  guard  or  put  in  jail  until  he  will  givo 
evidence. 

Sec.  27.     Each  Judge- Advocate,  us  to  en i 

duties  of  his    appointment,  shall  take  an   oath    to  support   tin* 
stitution  of  the  United  Stn  tatc  of  Texas,  and 

also  that  In*  will  well  and  truly  perform  the  duties  of  Judge- 
Advocate,  according  to  lav."  and  tin'  best  of  his  skill  and  abilities; 
which  oath  shall  l>e  in  writing,  signed  by  the  Judge-Advocate, 
and  attested  by   the  officer  who  administered  lh  ;   the 

Judge- Advocate  thus  .    ball  administer  the  following  oath 

,  previous  to  their  entering  on  (he  duties  of  any 
Cam  b  of  you,  dp   solemnly  swear 

thai  you  will  well  and  truly  inquire  into  the  delinquencies  which 
hi  ay  appear,  on  returns  which  may  be  laid  before    you,  and  will 
>n  as  may   seem  just,   according   to  law, 
without  tavor  .ion.  partiality  or  prejudice  ;  and  that  yon 

Avili  not  dis  dose  or  discover  tb  >r  opinion  of  any  particular 

>urt,  unlei  -  re  piired  to  give  evidei  sof  in 

url  of  justice,  so  help  you  God.     it  shall  be  the  duly  of  the 
ifudge-A  to  provide  a  book,  in  which   he  shall  record  the 

pror  art-Martial,  and  all  other  necessary  en1 

i'ov  the  r<  ^inient  or  separate  battalion,  which  are  or  shall  be 
required  by  law,  and,  for  hall  be  exempt  from  mili- 

tary duty,  and  be  allowed  the  sum  of  two  dollars   per  day  for 
[mental  or  battalion  Courts-Martial,  which  it  shall 
•  I,  to  be  pai  <f  the  fines  arisin 

i  t,    from  any  cause,  a  «  il    to 

a  -Martial,  as  provided  in  this  shall  be  the 

it  to  appoint  a  Judge- Advocate  for 

time  and  in  rasa  of  his  death,  resignation  or  removal  ou$ 

y,  «>r  from  his  tirnals   and  proceedings 

.  ba   kept   by   the   Colonel   or   commandin  •'.   until  a 

Jta  shall  I.  "d  in  his  stead. 

2  \     All  fin  's  an  It'  sntal 

or  b  il  tali  t-Martial,  si  lil        tanner  as 

fines  an  !    penaltii  ipany 

I  i  iri  i  il,  and    pai  1    into   the   ban  Is  of  e 

lall  be  the  duty  ol  the 
or  separate   b  it  t  ilioi  . 


13G 

appropriate  the  money  arising  from  fines,  in  the  hands  of  the 

paymaster,  by  order  of  the  Court-Martial,  in  the  first  place,  to 
ili',  purchasing  of  fifrs.  drums  and  colors  for  the  use  of  the  rai- 
ment or  separate  battalion  ;  and  secondly,  to  pay  the  officers 
of  the  regiment  or  separate  battalion,  for  any  service  for 
which  they  may  be  entitled  to  pay,  under  the  provisions  of  this 
act. 

Sec.  2D.  No  officer  or  private,  ordered  or  directed  by  this  act 
to  appear  as  aforesaid,  shall  he  liable  to  be  taken  or  arrested  by 
any  officer,  in  any  civil  action  or  process  whatsoever,  on  the  day 
such  person  is  directed  to  appear,  or  in  any  reasonable  time  in 
going  to,  continuing  at,  or  returning  from  the  same  ;  and  every 
such  arrest  is  hereby  declared  void,  and  shall  subject  such  officer 
to  damages  for  false  imprisonment  ;  and  every  person  required 
by  this  act  to  attend  muster,  going  to  and  returning  from  the 
same,  shall  be  suffered  to  pass  over  any  bridge,  together  with 
his  horse,  and  shall  be  put  over  any  public  ferry,  without  delay, 
free  of  charge  ;  and  if  any  ferryman  dennnd  pay  for,  delay,  or 
refuses  to  put  such  person  or  persons  over,  or  keeper  of  toll-* 
bridge  impede  the  passing  of  any  person,  he  shall  forfeit  and  pay 
for  every  such  offence,  the  sum  of  ten  dollars,  to  be  recovered  by 
warrant  from  a  Justice  of  the  Peace,  one  half  to  the  informer, 
and  the  other  half  to  be  paid  into  the  regimental  fund  of  the 
regiment  to  which  the  impeded  person  may  belong. 

Sec.  30.  The  Colonel  of  each  regiment  may  constitute  two 
companies  thereof,  Light  Infantry  companies,  as  right  and  left 
flank  companies,  which  companies  shall  be  armed  and  equipped 
the  same  as  like  companies  in  the  United  States  service  ;  and 
all  corps  shall  use  for  instruction  and  exercise,  the  system  of 
military  tactics  and  discipline  adopted  in  the  United  States 
Army,  for   troops  of  a  similar  description;  and  all  companies 

II  have  a  right  to  change  their  uniform  from  time  to  time  : 
Prvvidi  d,  such  change  shall  not  be  incompatible  with  the  military 
regulations  of  the  United  States  Army. 

t  Seo.  31.     Every  commissioned  officer,  volunteer  or  militia, 
snail  be    furnished  with  one  copy  of  tins   act,  at  the  expens 
tat   :  and  every  officer  shall,   when   he  goes  out  of  oi 
deliver  to  his   successor  in  office,   all  books  and  forms  fund 
him  by  the  State,  or  received  from  his  predecessor  in  office,  and 
also,  all   books   and   papers   in  his   possession  belonging  to   his 
division,   brigade,   regiment,  battalion  or  company  ;  and   every 

ser  who  shall  neglect  or  refuse  so  to  do,  shall  be  lined  twenty 
dollars  per  month  for  every  month  he  shall  so  neglect  or  refuse, 

r  a  demand  thereof  has  been  made  by  his   successor,  to  be 


137 

1  by  any  Court-Martial  having  cognizance  of  the  conduct 
1  collected  and  account  -   other  I 

Imposed  upon  such  officer  are  by  this  act  directe  cted 

and  accounted  for. 

S    i.  32.     The  Governor  shall  appoint  one  Adjutant-General, 
■with  tl  and  perform 

all  tli.  du  Adjutant-General,  as  I  i  .    him   by  this 

furnish  all  ;  and  keep  a  bonk,  in 

:  make  a  fair  <  ntry  of  all  r<  turns  by  him  i 
which  sh  ill  be   sub  '  .  neral 

and  Co:nmander-ii  '.  shall   n  the 

sum  ■  -  i  annum, 

Trea  printed. 

Si:  ;.  ."  -.     ':  m  of  discipline  i  which  is  and 

fhall    be   ordered    to  1  lar  army  of 

shall 
the  militia  within  I  mruands 

lined  and  trained  conformably    .  ,  in  all  things  not  i  th<  rwise 

directed  1  md  in  all  c  provided  for 

I 

by  Congress,  for  irnnient  and  avmy  or 

the  United 
i  and  be  observed,  and  conformed   toby   the  mil 
•  ;  and  the  forms  and   rules  of  urts- 

.  ot  provid  i  1  for  in  thi  nch  as  a 

il  by  the  rules  and  articles  of  war  I  and  us< 

militia  si  lited  Stati 

new   county   eE  '  -ore 

■ 

couuty,  o    •  r  poition  thereof,  was 

taken. 

.  35.  •  n<  ral  shall  also  be  i  jter- 

ral,  and  his  duty  as  such  shall  be  '  and  tal 

bf  all  public  property  ig  to  the  military  of  I 

lilitary  us<  s,  wliii  .  ularly    i 

■.  and  hi  duties  shall    be  similar  to 

tral  of  th 
in   additiim    I  ,  he  shall   ] 

'Ordinan  with    tv 

Governor,  j 

of  the dn 

I 


138 

.  36*.  The  Comminler-in-Cbief  may  appoint  an  Aid-de- 
Camp,  wh  >  shall  i  lso  b  ■  his  acting  Assistant  Adjutant-General, 
and  shall  rank  as  Brevet  Brigadi  T-General. 

Sec.  37  Volunteer  companies  shall  form  a  part  of,  and  be 
•hi'il  to  th  ints  of  the  same  corps  within  their  brigades, 

and  shall  turn  out  and  perform  duty  with  the  same  upon  all 
battalion,  regi  '.  brigade  and  division  drills;  or  parades,  and 

the  commanding  o  y  n  them  as  flank  companies  to 

battalion,  regiment,  brigade  or  division,  as  he  may  deem 
proper  There  shall  be  battalion,  regimental,  brigade  or  divi- 
sion drill  and  parade  once,  at  least,  in  every  twelve  months.  The 
Commander-in-Chief  may  order  such  parades,  drills  or  inspec- 
tions as  he  may  deem  proper  :  Provided,  however,  that  not  more 
than  one  such  shall  take  place  in  the  same  \var  in  the  same 
division. 

Sec.  38.     All  the   returns  required  of  the  militia  shall,  als^, 

be  required  of  volunteer  or  any  military  companies  of  the  State, 

rle  by  the  pr  >per  officers  through  the  same  channel. 

Sec.  39.  The  sum  of  five  hundred  dollars  is  hereby  appropri- 
ated out  of  any  unappropriated  funds  in  the  Treasury,  for  the* 
purpose  oi  purchasing  forms,  b  >oks,  <.v\.\.  necessary  to  carry  this 
:.  The  act  of  April  21st,  18T-G,  entitled  "an  act 
to  organize  the  militia  of  the  State  of  Texas"  is  hereby  repeale&j 
and  this  act  to  take  effect  from  an  1  after  its,  passage. 

Approved  February  14th,  1860. 


CHAPTER  90. 

AN  ACT'  creating  the  county  of  Greer. 
Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  all  the  territory  contained  in  the  following  limits, 
to-wit  :  beginning  at  the  confluence  of  Red  river  and  Prairie 
Dog  river,  thence  running  up  Red  river,  passing  the  mouth  of 
south  fork  and  following  main  or  north  Red  river  to  its  inter- 
section with  the  twenty-third  degree  of  west  longitude,  the 
due  south  across  Salt  Fork  and  to  Prairie  Dog  river,  and  thence 
following  that  river  to  the  place  of  beginning,  be,  and  the  same 
is  hereby  created  into  a  county  to  be  known  by  the  name  and 
style  of  the  county  of  Greer. 


139 

Sec.  2.  That  the  provisi  an  act  to  create  the  i 

of  Concho,  Wichita,  Coleman,  l^-vsii,  Shackleford,M  ■  Mullen 
and  others,  approi    L February  >ratheorgan- 

i  :a1 ion  of  the  county  her< 

Sec.  3.     That  this  .  ■    ami 

after  Its  ;  assajre. 

Approval  Sih  February . 


. 

Section   I.     B  the  Stat 

Texas,  That  the  two  per  cent,  sinking  fund,  which  has  been  or 
may  hereafter  be  paid  into  the  Treasury  of  the  State,  by  rail- 
road coin]  shall  be  entered  as  a  credit  upon  the  bond  or 
ipauy  so  paying,  and  shall  be  in  extinguish- 
ment of  so  much  of  said  b  nd  or  bonds,  and  said  two  | 
Bo  paid  shall  immediately  he  pla  led  to  the  credit  of 
school  fund,  and  invested  by  the  school  Oomiui 

.ay  bonds  as  are  contemplated  by  tin'  ael  to  providi 
investment  of  d  fund  :  onds 

he  railway  ly  may  b*4  taken  for  the  amount   actually 

lent  to  the  company,  and.  provided,  further,  that  the  compai 
heretofore  borrowii  >ol  fund   or  any  part  thereof  shall 

t<    thereto;  or  in  the   bonds   of  any    of    the  slaveholding 
uion.  and  the  interest  on  the  bonds  so  purchased 
in  like  manner  be  re-invested  ;  and  the  G  reby 

irized  to  make  said  purchase  of  bonds,  in 
:  of  Texas,  and  selocl   such  as  in  his  judgment  will 
est  of  tlii 
.  2.  That  if  any  railway  company  should  refuse  t< 
fro  this  mode  oi   investment,  then  in  that   case    ir    shall   be   the 
dut\  •         1  Commissioners,  to  i 

paid  in  by  such  company  in  th  ionds  of  any  sla\ 

a;iiu;'  no!  than  six  t  per  annum, 

>n  said  bonds  shall    '■■■   re-invested   annually  in 

ion  of  s  iver,  that  tln> 

I 
.i:d.  and,  railway  ci  mpanii  s 

I  and  or  any  | 


140 

me,  but  if  such  consent  should   not   1)3   given 
shoul  1  be  n  >  United  States   Bonds  in    the    Treasury, 
bo  the  duty  of  the  Commissioners   of  the    School 
Fund  to  c  id  two  ;;er  cent,  to  be  applied  to  the  purcb 

of  any  certify  indebtedness   under  any  act  of  appropria- 

tion for  the  frontier  defense,  and  that  this  act  take  effect  and  be 
in  Pace  from  and  after  its  | 

Ah  L3th  February,  1360. 


CHARTER  1. 

JO  [NT  RESOLUTION. 

]■.  <  That   the  ( rovernor  be  authorized  to  call  out  such  a 

number  of  volunteers    bo  quell  the  insurrection  or  invasion  of 

inas  and  followers  on  tire  Rio  G-rando  as  may  be  necessary, 
and.  in  ease  the  Governor  should  deem  it  necessary  to  call  out 
volunteers  under  the  provisions  of  this  joint  resolution,  then, 
that  those  citizens  of  Texas,  who  have  already  left  tkeir  homes 
;  i  this  object,  shall  be  adopted  into  the  public  service  from 
the  time  they  left  their    homes,    or    so    many    of  them  as  may 

ise  to  volunteer,  and  that  said  volunteers  elect  thier commis- 
sioned officers,  and  be  retained  in  service  till  the  object  for  which 
thev  are  called  out  shall  be  acco  hed,  and  that  said  volun- 

teers receive  like  pay  as  the  same  troops  in  the  U.  S.  service  ; 
that  this  joint    resolution    take  effect  and  be  in  force  from  and 

■  15th,  1859. 


CHAPTER   2. 


JOINT  RESOLUTION  authorizing  the  Comptroller  to  con- 
tract f  pies  of  t  i  tstract  of  titled  kin 
Section   1.     Be  it    ;          I  by  the  Legislature  of  the  State   of 
ts,  lhav  the  Comptroller  of  public- accounts  be  authorize* 
contract   for  the  compilation,  printing  and  binding  of  live  hun- 
dred  copies  of    the   new   abstractor    titled  lands,  a  sufficient 


'  i1 


'■  iiors  to  1>J    i      Li 
mid  that 

a  uar;    2nd,        :  • 


CI;  El  3. 

Iocs  in  Gi  ions  to  obtai 

■ 

■ 
'  the  I 

their  besl 

■ 

:..::i  an  approprin 
iont    for  .  .  i  of    the    neccs  sary     ;''~:; 


CHAP1 

.      .. 

r  ■••    o/    f/iC 

•  omptr  •  r  of  th 

.  and  tli  irizocl   and   ei  1   to 

■ 

■ 

and  haa 

to  the  paymi  claims  of  un  i  idiate  v.- 

■p.i  1  >  •  i . 


.  lYmng  into  the  Treasury  subject  to  appropriatioli. 
sc.  2.     That  this  net  take  effect  from  its  passage, 
...   d  7th  Feb,  ! 


CHAPTER  o. 


i    til      ':  liig  the  Tro'deYtiof  to  ftp} 
■■■  s  to  •■  amine  the  Slate  Penitentiary. 
Section  1.     2?e  .    .-.    olt\      '  '  '.he    Legislature  of the  State  vp 
:  !.   :  the   uowrnor    of  the  State  be,  ami   he   is  hei 
authorised   and  required  to  appoint  three  competent  person's    to 
examine  tiro  Statu    Penitentiary,  who    arc    hereby  empowered 
to  i  ill    roS*  books  and  papers,  administer  paths,  &c.,  and  report 
im  in    'wilting  the   condition   of   said   institution.,  and  thfel 
litis  joint  resolution  take  effcet  from  its  passages 
Approved  February  Lltbj  I860, 


1  ■ .  • 

UxlAl  1  lliJti     u. 

'.'v'2'  llifiSOLUTIOlf  requesting  our  Senators  \ 
eenti  ','r       in    Congress,   to  procure  the  reimbursement  to  the 
State  rrf  Texas  of  funds  expended  / "of  the   'protection  of  tfm 
frontier,  and  making  -other  requests  toith  reference  io  frontiet 

rirss 
Section  1.     !h  it  F&otoed  /•//  tltt  Legklatunevf  the  State  of 
Texas,  That  our  Senators  and  Representatives  m  Congress  ail 
requested  to  procure  the  reimbursement  to  this  State  of  all   the 
amounts  expended  in  protecting  the  frontier, 

Seu.  2.  That  the  Comptroller  of  public  accounts  be,  and  he 
is  required  to  f\irnisk  a  full  statement  of  the  amounts  so  {jail 
oi"  to  bei  paid  by  the  State  for  the  protection  of  the  frontier,  to 
appropriate  department  of  the  government  of  the  United  State! 
!Skc.  '>.  That  on-  Senators  and  Representatives  be  request^ 
to  endeavor  to  obtain  an  indemnification  to  our  citizens  for  proj 
peVty  taken  or  destroyed  by  the  Indians,  and  for  losses  sustained 
by  the  Cortina  difficulty  on  the  Eio  Grand;'  fhmtfcr  ;    and  thtt 


143 

ii'.mr.c'.u   \iv  i\w  Unilcd    States,  of  a   •■ 
nally  through  I 
claims  of  ottr 

Se  ■.  4.     Thai  Mir  '  ives,  be  re  n 

to  endeavor  to  procure  tb  ■  buy* 

ing  of  American  horses.  other 

■'     M  'saa,  from  Ind 

frontier  of  Texas,  and  such  territoiies. 
Si?  .  5.     And  >  i£c  of 

i  Inw  nut  hoi  izing  the  1  'resident  <<>  nm 

at  of  ran  .  gi.s- 

lature  ilied  into  the  service  of  tl 

Se  i.  6.      Ch«  I 
r  their  passage, 

..)  Uth  Fcb*y, 


Her  shall  rctary  ol 

te,  and  clei 

corn]         ami 
to  tank  '  up  the         '   pjent  exp<  • 

::l    of  I 

'  and  of 

2. 
Its  ] 


5 


144 


Texas,  That  the  Governor  be,  and  lie  is  hereby  authorised  feo 
use  the  wagons,  mules,  horses  and  other  ecpiipa^e  purchased  for 
In"  survey  of  the  boundary  hue.  between  the  United  States  and 
: -.  I  ir  the  purpose  of  transporting  supplies  to  our  ranging 
forces  in  the  held,  and  to  make  such  disposition  of  the  property 
as  may  seem  most  compatible  with  the  inteiest  of  the  State,  and 
that  this  resolution  take  effect  from  its  passage, 
Approved  Fob,  14,  I860, 


INDEX  TO  THE  GENERAL  LAWS, 


Appropriation — Per  diem  and  mileage.  Legislature,  3 

"               Rewards  for  fugitives  from  justice,  9 

"             Contingenl  Expenses — Legislature,  9 

"               Printing  Governor's  Proclamations  11 

"              Furnishing  Governor's  Mansion,  IS 
"               Costs  due  Attorney  General  and  District 

Attorneys,  ]8 
"               Pay  and  subsistence  of  Rangers,   under 
command  of  Captains  Ford,  Bourland 

ami  Brown,  20 
"               Pay  of  Peace  Commissioners,                        -    20 

"               Pay  for  supplies  furnished  Capt.  Tobin,  21 

"             Furnishing  Governor's  Mansion,  21 

"               Pay  for  taking  the  scholastic  census,  30 

"                Kxpenses  oi  sale  of  LTniversity  Lands,  35 
"               Putting  Public  Grounds  and  Buildings 

in  repair,  36 

"               Expenses  of  Penitentiary,  37 

"               Protection  of  Frontier,  38 
"               Pay  of  Rangers  under  command  of  Ford, 

Bourland  and  Brown,  59 
"               For  completion  and  support  of  Lunatic 
"                  Asylum,  79 
"               For  supplies  furnished  Capt.  Williams,  86 
**              For  use  and  support  of  State  Govern- 
ment for  I860  and  1861,  102 

"             JTor  contingent  expenses  of  Legislature,  H9 

11             To  supply  deficiency,  112 

Attorney  General — To  pay  e^sts  due  him,  18 
Attorneys  at  Law — Prescribing  oath  and  regulating  pro- 
ceedings in    cases  of  contempt,  l-nal 

practice,  &c,  23 


146 

Assessors  and  Collectors — To  pay  for   taking  last  scho- 
lastic census/  30 
Apportionment — To  apportion  the  State   in   Senatorial 

and  Representative  Districts,  40 

Agricultural  Societies — To  authorize  the  formation  of,  73 

Bastrop — To  regulate  sales  in  county  of,  12 

Bankruptcy — Repealing  Act  of  January  19th,  1841,  IS 

Blanco — To  attach  county  of,  to  fourth  Judicial  District,       85 

c 
Common  Carriers — Defining  the  duties  and  liabilities  of,  38 

"  May  he  sued  for  damages  when  death 

is  caused  by  the  culpability  or 
neglect,  32 

Court  of  Claims — To  reorganize  the  same,  and   extend 

time  for  presentation  of  claims,  48 

u  Shall  grant  league  of  land    to    certain 

disabled  soldiers,  116 

Claims — Time  for  presentation  extended,  43 

"        To  adjudicate  legal  claims  for  land  between  Nu- 
eces and  Rio  Grande,  109 
Counties — Creating  the  county  of  Marion,  57 
"         Unorganized,   District   Surveyors   may   make 

surveys  in,  69 

"         Blanco,  attached  to  4th  District,  85 

"         Shall   be    attached   to    former    land  *  district, 
when    separate   land     district    is    not    or- 
ganized, 69 
"         To  create  county  of  Wilson,                                      106 
"         To  attach  unorganized  to  organized,                        119 
"         To   establish    boundaries  between   Erath  and 

Comanche,  121 

"         To  create  county  of  Greer,  138 

Common  Schools — Act  concerning,  69 

Colony's — Fisher  and   Miller's  ordering  return  of  certi- 
ficates, 81 
Colonics — Peter's,  requiring  patent  to  be  issued  on.  sur- 
veys made  therein,                                                      80 
Commission  Merchants — Concerning,                                           82 
Code  of  Criminal  Procedure— To  amend  act  establish- 
ing,                                          90 
County  Boundaries — To  establish   between   Erath   and 

Comanche,  121 


147 

ID 

District   Court— Sixth  District,  time  of  holding,  12 

"                 Twentieth   District,  time  of  holding,  16 

"                 Seventh  District,  time  of  holding,  19 

"                 Twentieth  District,  time  of  holding,  25 

"                  Eighth  District,  time  of  holding,  26 

"                 Twelfth  District,  time  of  holding,  28 

"                 Marion  County,  time  of  holding,  57 

"               Eighteenth  District,  time  of  holding,  72 

"                  Thirteenth  District,  time  of  holding,  76 

"                  Sixteenth  District,  time  of  holding,  77 

"                 Nineteenth  District,  time  ot  holding,  78 

"                 Ninth  District,  time  of  holding.  83 

««               Fourteenth  District,  time  of  holding,  84 

"               Fourth  District,  to  provide  for  holding,  85 

"               To  regulate  proceedings  in,  116 

Discounts  and  Set-offs — To   regulate  proceeding  relating 

thereto,  15 

District  Attorneys — To  pay  costs    due    them   in    certain 

cases,  18 

Deficiency — To  supply  in  former  appropriations,  112 

Damages — Action    for,    may  he  brought  when  the  death 
of  ft  person  has  been  caused  by  the  negligence, 

culpable  or  wrongful  act  of  another,  32 

Disabled    Revolutionary    Soldiers — Entitled  to  league  of 

land,  116 

E 

Extravagant   Charges — For   supplies    furnished  Rangers 

to  be  reduced,  20 

Fugitives  from  Justice — Appropriation  for  reward,  9 
Frontier — Regiment  authorized  to  be  raised    lor    protec- 
tion o\\  13 
"         University  Fund  to  be  used  for  protection  of,  29 
"         Appropriation  for  protection  of,  38 
Foreign  Debts — Repealing  act  of  January    19th,    1841, 

regulating  collection  of,  ]8 
Fisher's  and  Miller's  Colony —  Ordering  return  of  certifi- 
cate. 81 
Factors — Concerning.  82 
Fees — To  regulate  tees  of  Land  office,  111 

<3 

Governor's  Mansion — Appropriation  to  furnish,  18 


148 

Governor's  Mansion — Further  Appropriation,  21 

Greer — -To  create  County  of,  138 

Headright  Certificates — To   provide   for  patenting  when 

not  presented  in  time,  10 

Homestead — To  define  in  town  or  city,  34 

I 
Interest — To  be  paid  on  Treasury  Warrants,  1 15 

J 
Justice's  Courts — To  regulate  time  of  holding,  in  Twelfth 

Judicial  District,  81 

Judgments — To  prevent,  becoming  dormant,  117 

Judgment  Liens — To  create  and  preserve,  117 

Judicial  Districts — To  create  Twentieth,  16 

ik: 
Killing — Damages  may  be  recovered  for  unlawful  killing 

or  death  from  culpable  or  negligent  act,  32 

Legislature — Appropriation  for  per  diem  and  mileage,  3 

"  To  pay  contingent  expenses,  9 

"  For  contingent  expenses,  119 

Lands — To  restore  lands  sold  for  taxes  and  purchased  by 

the  State,  60 

Lands — To  ascertain  and  adjudicate  certain  claims  for, 
against  the  State,  situated  between  Nueces 
and  Rio  Grande,  109 

Lunatic  Asylum — Making  appropriation  for  the  comple- 
tion and  support  of,  79 
Land  Office — To  regulate  fees  of,                                              111 

im: 

Mississippi  and  Pacific  Railroad  Reserve — Pre-emption 

settlers  al- 
loweduntil 
January  1st 
to  pay  their 
claims,  8 

"  Validating 

surveys 
made  i  n 
same,  19 

Marion — Creating  county  of,  57 

Militia — To  provide  for  organization  of,  121 


149 

I* 
Public  Printing — To  regulate,  3 
Pre-emption  Settlers — Time  of  payment  extended,  8 
"  Time  for  return  of  field  notea  ex- 
tended, 22 
Poelamations — To  pay  for  printing  those  unpaid  for,  11 
Public  Sales — To  regulate  in  county  of  Bastrop,  12 
Peace  Commissioners — Appropriation  to  pay,  20 
Peter's  Colony — To  ascertain  illegal  certificates  in  same,  26 
Public  Domain — Amending  Act  to  authorise  sale  of,  30 
Public   Grounds   and    Buildings — Creating    a    Board    of 

( fOmmissiohera  for,  35 
"                    "              "            Appropriation    to  put 

same  in  repair,  36 
Penitentiary— Appropriation  for  expenses  of,  37 
Public  Weighers — To  define  their  duties  and  liabilities,  46 
Peter's  Colony — Requiring  patents  to  be  issued  on  sur- 
veys made  therein,  80 
Paymaster — For   Rio    Grande    troops,   shall   deduct  for 

arms,  Sec,  purchased,  108 

ZR. 
Raugeis — Regiment  authorized  to  be  raised,  13 

"         Appropriation  to  pay,  under  command  of  Ford, 

Bourland  and  Brown,  20 

"         Appropriation  to  pay,  under  command  of  Ford, 

Bourland  and  Brown,  59 

"         Appropriation  for  supplies  furnished   Captain 

Williams,  Si; 

"        Appropriation  for  supplies,  20 

"        Providing  that  extravagant  charges  be  reduced,      20 
"        Requiring  Paymaster  to  deduct  am't  for  arras, 

fee.,  108 

Paver  Improvement — Contract    may    be  set  aside  in  cer- 
tain cases.  24 
Railroad  Companies — Repealing  17th  section  of  Act  ap- 
proved February  7th,  iSt                     27 
"                   Amending   Acts  of  February  7th, 
1853,  and  December  19th,  1S57, 
regulating  the  same,  GO 
"                  Amending  3d   section   of  Act  of 
June  30th,   1854,  regulating  sur- 
veys,                                                            GS 
registration — Further   regulating   the   registry  of  D 

and  other  instruments  ot  writing,  7.~> 


150 

s 

Special  Election — For  Senator  in  Eighth  District,  10 

Supreme  Court — To  further  regulate  proceedings  in,  28 

"  Library  of,  Secretary  of  State  shall  fur- 

nish with  certain  documents,  33 

Surveyors — District  or  County  may  appoint  Deputy,  69 

"  Shall  be  furnished  with  Books  of  Record,  34 

Surveys — Patents  to   issue    on   surveys  heretofore  made 

not  in  a  square,  22 

"        Repealing  2d  section  ot  Act    of  January  17th, 

1860,  112 

Sequestration — To  amend  Act  regulating  same,  70 

State  Government— To  provide  for  support   of,  for  18G0 

and  1861,  102 

Sinking  Fund — To  provide  lor  investment  of,  ^39 

T 

Taxes — To  amend  Act,  providing  for  the  assessment  and 

collection  of,  87 

"        Land  sold  for,  to  be  restored,  60 

Treasury  Warrants — Unpaid,  to  draw  interest,  115 

tjt 

University  Fund — May  be  used  for  Frontier  defence,  29 

United  States  Bonds — Authorizing  sale  of,  82 
"                     Authorizing  use  of  those  set  apart 

for  University  Fund,  29 
University  Lands — To  pay  expenses  of  selling,  35 
Unorganized  Counties — Attaching  to  organized  for  Judi- 
cial purposes,  119 

Wilson — To  create  county  of,  106 

Weighers — Duties  and  liabilities  of  Public  Weighers,  46 


INDEX  TO  GENERAL  JOINT  RESOLUTIONS. 

Abstract  of  Land  Titles — Authorizing    Comptroller   to 

contract  for,  140 

Brownsville — Respecting  the  removal  of  port  of  entry  to,       141 

c 

Contigent  Expenses — List  of,  shall  be  published  in  Jour- 
nals, •      143 


151 

Defence — Repeeting  the   reimbursement  by   tlie   United 

States,  of  money  expended  for,  142 

IE3 
Public  Debt  Fund— Authorizing   the   use   of,   to   meet 

claims  01  greater  emergency,  141 

Penitentiary — Authorizing  Governor  to  appoint  persons 
•  to  examine,  142 

Public  Property — Authorizing  the  use  of,  purchased  for 

Boundary  Survey,  143 

V 

Volunteers — Authorizing  Governor  to  call  out,  140 


STATE  OF  TEXAS. 


I,  E.  W.  Cave,  Secretary  of  State  of  the  State  of  Texas,  cer 
tify,  that  the  eighth  session  of  the  Legislature  of  said  State, 
commenced,  at  the  city  of  Austin,  on  Monday  the  seventh  day  of 
November,  in  the  year  one  thousand  eight  hundred  and  fifty- 
nine,  and  adjourned  on  Monday  the  thirteenth  day  of  February, 
in  the  year  one  thousand  eight  hundred  and  sixty. 

And  I  further  certify  that  the  Acts  and  Joint  Resolutions,  con- 
tained in  this  volume,  are  true  copies,  taken  from  the_  original 
rolls  deposited  in  the  Department  of  State,  with  which  they 
have  been  carefully  compared. 

Given  under  my  hand  and  official  seal,  the  9th  day 
of  April,  in  the  year  one  thousand  eight  hundred  and 
sixty. 

E.  W.  CAVE, 

Secretary  of  State 


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